A Study On The Reform Of The People's Juror Authority

According to “Authorization to Carry out a Reform of The Jury System” made by second session at the fourteenth session.And then,the Supreme People's court issued the “People's Jury System Reform Case”and “The Reform of The Jury System Implementation Method”,and then the people's jury system reform was carried out in fifty courts all of the country.The measures made a series of new regulations that include people's juror selection conditions,selection procedures,trial scope,assessor authority and so on.Among the various measures of the reform,the most important is the reform of the jurors' authority.In the “People's Jury System Reform Case”stipulate provisions of the people's juror to “determine the facts of cases”.The re-position of the functions of the people's jurors can help to optimize the court,it also promote the reform of the trail-centered litigation system,and it will help to enhance the credibility of the judiciary.Since the introduction of the “People's Jury System Reform Case”,nearly two years elapsed,and 50 pilot courts have made some bold attempts to reform the system of people's jurors,especially on the reform of the jurors' authority,they have accumulated some precious experience.But we also have to know that the trial of the pilot courts now have neitherformed an effective promotion measures nor a complete system of norms.On the other hand,there still exist various problems in the system design and practice on current people's jurors.We should by all means avoid“deficit” in the process of reform.We should start from the perspective of the whole system running and make a comprehensive consideration of China's people's jurors system reform.Therefore,on the basis of summarizing and analyzing the reform experience of some of the pilot schools in the past two years,the author studies the problems in the reform of the people's jurors' authority and the dilemma of the reform prospect.The author has did research from the people's jury selection procedures,the collegial panel model,the judge's instructions,the review mechanism,management training and other aspects to form a complete mechanism,thus safeguarding the people's jurors' authority to run and exercise under the specification of the system,letting them play the role that are deserved in the fact determination.This article includes the following sections:In the Introduction,the author expounds the background,significance,literatures review and the innovation and inadequacies of this paper.In the first chapter,the author focuses on the evolution of the people's jurors system in our country,and analyzes the value of people's jurors system.In the second chapter,the author discusses the issue of people's jurors authority.Starting from the relevant provisions of the scope of their authority in our country,and also analyzed the reasons of the adjustment of the authority.At the same time,the author discussed the Significance the reform of jurors' authority has to the China's Judicial Process.In the third chapter,the author summarizes and analyze the achievements and experience since the people's jurors' system reform carried out about two years.Mainly introduced the fact review mechanism reform,the collegial panel composed model,and reform trial scope and so on.The fourth chapter analyzes the existing problems of the reform of the jurors' authority in our country and the predicament in the future reform.The main dilemma lies in the deviation of the people's jurors' authority inpractice is the problem about the fact trial and the legal trial separation.In the fifth chapter,the author puts forward the corresponding suggestions on the problems in the reform of the people's juror authority.Discussing and analyzing from the perspective of the whole system,starting from the people's juror selection process,the trial process,collegial panel model,management training and other aspects to form a complete operational mechanism to protect the effectiveness of the people's jury system.In conclusion part,the author emphasizes the people's juror system again in the future development prospect and significance,and the future direction of the people's juror system is discussed.