Survey On People’s Assessors In The Court Of T County

The decision of the National People’s Congress on improving the people’s assessors system has been implemented for ten years. The operation shows that the system has made positive progress, at the same time, it also leads to many new problems, the new reform of the system aims to solve these problems. In 2013,the decision of the Third Plenary Session of the 18 th Central Committee of the Communist clearly pointed that the Assessors system should be widely practiced and the channel of people’s orderly participation in the justice should be broadened. The fourth the Plenary Session of the 18 th central committee passed the decision of Some major problems on comprehensively advancing the rule of law of the CPC central committee in 2014, it also pointed out that the people’s assessors system should be improved to safeguard the right to jury of citizen. Recently, the 14 th meeting of twelfth session of the standing committee of the National People’s Congress issues the decision on authorizing to carry out the reform of the Assessors system in some areas, the Supreme People’s court and the Ministry of Justice jointly issue the Pilot initiative of the jury system reform, the above decision carry out the detailed provisions. In order to test the effect of practice and to improve the system, this article takes the the NPC Standing Committee’s "decision" as the logical starting point, select the T country’s court in H province for the analysis of samples and observe the implementation of the court’s Assessors system.The article elaborates the operation status of people’s assessors system of T country through field research, describing the practice via the logical sequence :the selection,attendance and management of people’s Assessors. T country completed the “doubling plan” of people’s assessors in 2014, but the structure of people’s assessors is unreasonable, the proportion of grassroots cadres is too large and the number of ordinary people is small, it has not meet the comprehensiveness requirement. In addition, form the actual effect of people’s assessors system, it has not meet requirements for system design. The cases that people’s assessors take part in is not balanced, the procedure is always passively started and people’s assessors can not exercise their rights adequately, all these factors hinder the play of the system. In addition, from the perspective of the management of people’s assessors, the main body of managing the people’s assessors is single, the management is fully controlled by court, which is not conducive to the development and supervision of the people’s assessors system. The training, funding, assessment system of people’s assessors is not specific, it will also further hinder the implementation of the system.The article takes the the NPC Standing Committee’s "decision" as the logical starting point,combining with the enlightenment of T country’s situation, put forward some suggestions. Under the background of new reform of people’s assessors system, the Central Committee of the Communist Party attaches great importance to the reform and has established the basic ideas of the reform. On the basis of ensuring people’s jury functions and relaxing the condition of the people’s assessors selection, we need to expand the scope of the people’s assessors trial cases and implement random mechanism,making more people have the opportunity to participate in the work of the jury.In addition, we should protect the rights of taking part in jury of people’s assessors, ensuring that people’s assessors can perform their duties positively. At the same time, we should strengthen the management, establish the people’s jury assessment mechanism, improve the training, funding and other supporting systems, getting the Maximum value of the system.