Investigation Report On The Implementation Of The Pilot Scheme For The Reform Of The People's Jury System

The reform of the people assessor system in China, is an important part in the current judicial reform. The bridge by assessor system, mobilizes and organizes the ordinary people to participate in the trial process as a juror,assisting in the judiciary?witnessing the justice, and making the judiciary reflect public opinions?condense public intelligence, fully embodies the function of judicial democracy. However, influenced by many factors, this system exposes and hides a lot of questions in its applying. The author uses empirical analysis and form such as access to applicable situation of the people?s jury system reform pilot program( hereinafter referred to as the program) has carried on the empirical investigation, on this basis, under the program, mainly in C city B area of the pilot court and D city E area of the pilot court the present situation of our jury system operation are analyzed. Trying to find out the problems through this survey, then analyze the reasons, and puts forward suggestions, in order to make it beneficial to further reform of the people assessor system and the judicial practice in China.This report is divided into three parts.The first part is the implementations of investigation about C city B area of the court and D city E area of the court to the program. The implementations mainly include the composition of people?s assessors?selection procedures?the assessor range?assessor case?s mechanisms and performance of functions?exit and punishment mechanisms?the protection of the duties and so on.The second part is the analysis of the main problems and reasons occur in the process of applying the new people?s juror system.Through the data from the survey and interview, the author found the problems of the juror system is mainly reflected in:(1) the legislative purpose of reform of jury system is unknown;(2) the elected conditions of the people?s assessor are still too strict;(3) the start-up model of the jury system is single;(4) the applicable scope of the jury system is too large;(5) the composition of the proportion between jurors and judges is not corresponded specification in the court;(6) the trial of facts about people?s assessors is lacking of specific model;(7) the punishment mechanisms of people?s assessors is lacking of operability;(8) the protection about the duties of people?s assessors does not reach the designated position. And all these problems are due to some factors, the author summed it up as follows:(1) legislation is not perfect resulting in the implementation of the difficulties;(2) the lack of culture of people?s assessor system;(3) the intensity of handling cases increases in the basic level judge;(4) the court to the management of people?s assessor is improper.The third part is mainly about countermeasures and suggestions on how to further improve the people assessor system. The author expects to constantly improve the people assessor system through the following ways,to make it play as the value and efficacy:(1) clear the legislative purpose of jury system reform;(2) extend the terms of education and age of people assessors;(3) strengthen the parties apply for the rights of the people assessor in accordance with the law;(4) appropriate to reduce the scope of the jury cases;(5) reasonably build the component model of collegial panel;(6) improve the trial of fact mechanism of people assessors;(7) perfect the punishment mechanisms of people assessors;(8) implement the protection mechanism about the duties of people assessors.