Theory Of People’s Assessors Of Grassroots Judicial System In China And Its Perfection

Jury System germinated in ancient Greece and Rome, founded in the United Kingdom, and being perfected in the United States and France. In China, the true sense of the jury system appeared in modern times. After twists and turns of exploration and start, interruption and stagnation, revival began with the formally implementation of the "decision on improving people’s jury system" released by the National People’s Congress Standing Committee in August2005, since then the jury system steps into a new phase.The people’s jury system is one part of the national judicial system. The introduction of the jury system into the judicial system helps to fully reflect the characteristics of the people’s democratic dictatorship, which means playing the functions of dictatorship on the basis of pursuing democracy. It is an indispensable element in achieving judicial sunshine, judicial democracy and judicial publicity, and is regarded as one effective way and measure of the general population to participate in the judicial activities. Through public participation, trial activities has been placed under more effective supervisions, which builds a communication and connection bridge between the public and the courts, making the court’s judgment document tends to be more rational and fair, so as to avoid occurrence of miscarriages of justice, in the mean time to be better resolve questions of the public, and to reduce disputes to court’s judgments.This paper discussed the present Chinese jury system from the implementation of people’s jury system in Guandu District Court. It analyzed the defects of the present system mainly from perspectives of peer position problem between jury and judge, limitations of relevant provisions of the "Decision" in judicial practice (such as academic settings, the number of personnel and selection mechanism, etc.), and the restricted role of the jury. And made reasonable suggestions on how to improve and perfect the people’s jury system. Through effectively resolving the outstanding problems existing in the implementation, the jury system could maximize its control and supervision effects to the public power, ensure that cases get fair judgment, better improve the image of the people’s court and establish court’s public trust and the judicial authority.