Rreflect On People’s Assessors Paticipating System

With the recovering of the system of people’s assessors since1998, its implement hasbeen going on a nation wide scale. As the core in the system of people’s assessors,participation mechanism manifests its operation effect directly on the vitality of the system,which influences the value of propagating judicial democracy, safeguarding judicialjustice, enhancing judicial transparency, and strengthening judicial supervision.By investigating in a underdeveloped county in the central China, this dissertationdescribed the full picture of mechanism of participate in trial in sample area, and ensuingdiscovered some problems which are within the system operation such as polarization inparticipation, taking position but not participating, participating but not judging. Thisdissertation also analyzes concerned reasons which caused those problems through theviews of different perspectives such as judges, people’s assessors, public prosecutors,lawyers, parties, and the public with relative materials.In order to develop civilian’s common sense, ethic and conscience and make full useof specialties of expert, it should be done to change the situation where both jurors andjudges having the same duties and rights in people’s assessor system. In the mean time, abinary mechanism where civilian jury and professional jury can coexist should becompleted. Also, we can guarantee the power of people’s assessor in cases by defining thescope and type of the cases, letting parties get the rights to be informed and the power ofveto in court, as well as building reasonable relations between assessors and judges.What’s more, outside the participating mechanism of people’s assessor, it is necessary toreform the mechanism of election and appointment, means of management, evaluationsystem, safeguard mechanism at the same time.