Research On The Path Of Citizens Participating In Judiciary

The participation of citizens in judiciary means citizens who have no stake,participate in judiciary activities directly or indirectly as an unit or organization.To a democratic country under the rule of law,citizens participating is an essential feature and the aim of participating is safeguarding democracy and justice.At present,conuntries and districts in the rule of law are promoting the reform of judiciary,such as citizen judge system in British,jury system,assessor system and examing committee system.After reviewing citizens participating in China,it could be found that people assessor system,people supervisor system,open-trial system and the participating by internet are related to citizens participating.However,there are some defects should be corrected.In order to promote citizens participation in the background of judicial reform,it is necessary to improve effects of assessors in trials,make the supervision of prosection come true,promote open-trial and regulate the participation on internet.This paper consists of four parts.The first part descirbes the basis of theory and practice.The author defines the concept of citizens participating,holding that citizens participate in judiciary activities directly or indire ctly as an unit or organization would affect judicial activities.Then discuss the basis of theory from perspectives of judicial democracy,procedural justice and restriction of powers,and prov e the basis of practice from perspectives of judicial ability training,judicial reform and credibil ity.The second part makes a conclusion of foeign experiences.It introduces citizen judge sys tem in British,jury system,assessor system and examing committee system in Japan.It also exa mines the system quality and reference value to China.The trird part is talking about the defects of citizens participating in China.In the perspective of system,people assessor system,people supervisor system,open-trial system and the participating by internet are related.These systems safeguard the right to participate in judiciary.However,the defuse of judicatory,the absence of rights,imperfect and chaotic openness are the thing being promoted and developed.The fourth introduces suggestions to citizens participating.In order to deal with theproblems above and consider over foreign experiences,the auther holds that in the background of judicial reform,it is necessary to improve effects of assessors in trials,make the supervision of prosection come true,promote open-trial and regulate the participation on internet.