On The Exploratory Reform Of The People Assessor System In China In The Vision Of Constitutionalism

With the wide spread and influence of constitutional thoughts around the world,democracy,rule of law,human rights and other basic constitutional concepts take deeply rooted into people's mind.The Jury system has been widely used in most countries in the world.However,since the recovery of the people assessor system,people hold different judgments on it and the relating debates have never ceased.These controversies are mainly focused on the judicial field.Starting from pragmatism rather than its role of democratic politics,they see it a judicial tool rather than the significant part of the constitutional system.In practice,although the people assessor system has been improved for several times,the distribution of power has not been taken into the overall consideration in the constitutionalism version,which to a certain extent,restrict its constitutional value of the people assessor system,also restrict its function and role.Facing the serious problems like landslide of judicial authority as well as decline in the credibility of the judiciary,there are constantly public demands for the reform of the people assessor system.To establish an effective people assessor system is becoming more and more urgent.In the first part,the author exploratory analyzed the constitutional values of the people assessor system from the modern constitutionalism ideas of democracy,rule of law,human rights,restriction of right as well as security.The author innovatively proposed the dignity value for every parties of the people assessor system based on the human rights of the constitutional values.Especially,the author puts on the idea of protect the lawyer's practicing rights from the aspect of maintain the dignity of the client's attorney.The author analyzed the constitutional values of the people assessor system in our country in order to find the correct direction and thinking for the reform of the people assessor system,In the second part,combined with the latest practice of the people assessor in pilot areas,the author expounds the people assessor system's current situation and problems existed in legislation and in practice.Based on the actual situation in China,the writer finds deep reasons from the aspect of constitutionalism ideas,the constitutional legislation,the specific system design and the economic levels.In the third part,the author demonstrates the necessity and feasibility of the reform of the people assessor system in our country.On the one hand,the author analyzed the necessity of the reform of the people assessor system from the angle of judicial democracy,judicial justice,judicial independence and judicial supervision;on the other hand,the author demonstrates the reform of the people assessor system,in the constitutionalism vision,is specific and feasible from the perspective of countries,individual,theoretical and practical aspects levels.In the fourth part,the author breaks the research limitation,where they confined the people assessor system in the judicial field,or even see it as judicial tool.On the view of the constitutionalism,the author makes a concrete exploratory reform of the people assessor.On the basis of the reform for the assessors to participate only in the identification of the facts of the case,no longer to find the correct laws of the cases,the paper,innovatively put forward the idea of the assessor,the occupational judges excluded,to find the facts of the cases independently.And through the great opportunity of the pilot reform of the people assessor system reform,boldly promote trial by jury in the great and complex cases in the pilot areas to ensure that the people assessor system in our country to achieve its maximum value and function of constitutionalism.