The Analysis Of The Reform Path Of People Assessor System

People assessor system is always hot in the law field. Many scholars have carried on the research from different aspects and gotten great fruits. NPC Standing Committee introduced the bill Decision on how to improve the People’s Assessor System in 2004, from which the people assessor system came into a high-speed developing period. While many problems still exist in the selection, participation and supervision of the juror in the practice, among them some issues are serious, such as the jurors lacking of representativeness and just attending without trial. O n October 23 2014, the fourth plenary meeting of china’s Communist Party’s eighteenth central committee pasted the bill the decision of the CPC Central committee on some big issues about comprehensively p romoting the construction of legal system,which paid high attention to the people assessor system, and proposed ‘improving people assessor system, safeguarding the civil jury rights, extending the scope of participation, optimizing the mode of random selection’. Therefore, I think taking an county court as a sample to discover the problems in practice about the people assessor system in time, can further deepen the system reform, delimitate the jurors’ participation and trial rights, and optimize various mechanisms of the system, which has great significance on safeguarding the citizen’s participation in justice, realizing judicial democracy and enhancing judicial credibility.Some county court in the south of Hunan province(called Y court in short) serves as an analysis sample in this article. It is composed of five chapters, the first introduction mainly introduce the root of the problems, the literature review, and the situation of Y county court and the investigation method. The second chapter investigates the juror’s situation and its selection method and procedure in detail, and subsequently points out the phenomenon that the juror’s education background is slightly higher, that more jurors have administrative background and that less local people apply for participating the assessor system. The third chapter investigates the juror participation system of this court, separately analyzing the basic situation and the performance of jurors in this court, as well as the functions of them in mediation, execution and supervision, and then proposes the problems in the system operation. For instance, jurors’ paper reading in the court is not so good, the judge is too powerful in the trail, and the jurors have no function on supervision, all of which will be analyzed in the following. The forth chapter mainly investigates the management o f jurors of Y court, and then get some conclusions that there is no good training due to lack of money and the evaluation to the jurors is not put in place. Based on the above contents, the last chapter puts forward some reform suggestions on jurors’ selection, trail and management. In selection, it should lower the requirement of education background, improve the personnel structure, and realize the representation of jurors, and increase the civics’ acquaintance to people assessor system, as well as raise the percentage of autonomous enrollment. In the juror participation, it can implement a flexible system of case reviewing before trail; in the division of authority, jurors and judges should have their own focuses, which provide an institution guarantee of jurors’ participation rights in execution. In the management, it should offer the options of jury system to the parties, and implement the mechanism of juror’s random drawing, raise the fund, and step up the training and strengthen the restriction to juro rs.