| People's Assessor System is one of the systems to involve ordinary people in judicial activities by state adjudicatory organ. It is one of the forms to accomplish judicial democracy as well, which constitutes the important part in judicial system in China. "Decision on How to Improve the People's Assessor System" in 2005 standardized People's Assessor System. Thereby laws in China will treat People's Assessor System seriously as the major measure to build socialistic legal system and deepen legal reform. Yet due to the problems like the inconsistent understanding, diverted application and inappropriate regulations, current judicial practice is far from being satisfactory. Therefore the effort of legislative body alone is not enough for the development and improvement of People's Assessor System. It requires both the positive exploration of legislative body and the effective management and improved regulation construction of courts at all levels, which is the key to exerting the effects of the People Assessor System.This article first analyses the basic condition of people assessor system in China including the introduction of its creation, pause, re-creation and improvement. Secondly, this article summarizes the functions and roles of people assessors in the cases. Thirdly, 5 years later after the enforcement of "Decision on How to Improve the People's Assessor System" by NPC, a research about the system was conducted in Guangzhou courts of two levels in 2010. 563 assessors selected for the second round were targeted by the form of questionnaires. These questionnaires researched the reports of people assessors system in 13 courts and analyse in detail the assessors' ages, sexes, degrees, political condition, occupation and cases involved. Fourthly, it summarizes the existing problems and conflicts in carrying out people assessor system so as to discuss briefly the ten problems in practice. Finally it emphasizes suggesting improved ideas on the system, Additionally this article also puts forth the suggestions about involving mediation before litigation and compulsory execution in the system such as inviting people assessors in participating in the execution of cases and the new mode of mixing jurists and people assessors to form the socialist people assessors system with Chinese characteristics. Hence, judicial justice and judicial democracy will be improved and legal construction will be advanced to realize the justice and create the harmonious society. |
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