The People's Juror System Reform Research

For a long time,"the people's jury system " in China is controversial,jurors "accompany without trial,trial without decisions,non-existing" phenomenon that jurors whose enthusiasm is not high,weakened the system should have play to the role of the judicial democracy,to promote judicial justice.In order to ensure that the people can extensively involved in the judicial activities and to play its proper role,The Supreme Court(2013)"doubling plan" has greatly increased the number of jurors,after "The People's Juror System Reform Measures for The Implementation of Pilot " projects,and selected the 50 home court in nationwide pilot reform.Because of this,in the perspective of the text,this paper deeply analyzes the main content and select the part of the reform of trial court for empirical research,so as to found in the practical problems existing in the operation of the system,and seek the solution of the corresponding mechanism to promote its play a better role.The text is divided into four parts,a total of more than thirty thousand words.The first part discusses the basic situation of the people's juror system reform.Jury system reform of our country has certain realistic background,the need to adhere to the principles and significance.From the realistic background,the reform of the jury system has its necessity and feasibility.Its necessity embodies in can promote the judicial democracy,strengthen the judicial supervision,improve the transparency of justice,further improve the judicial credibility;feasibility is embodied in the completion of "doubling plan",the upper determination,and the people's urgent requirements.In the process of reform must adhere to the people's basic line;based on the basic national conditions,draw lessons from the beneficial experience of outside;actively explore and carry out pilot projects for such as basic principles.At the same time also has important theoretical value and practical value.Which covers the theory of value democracy and freedom of expression but also the limits of necessity;practical value is embodied in the democratic people's increasing demand,and with other judicial reform complement each other,promote each others' needs.The second part of the work for the people's juror system pilot measures for the implementation of text analysis.In the selection work,aiming at "a liter of a drop " in to age change reflected the jurors structure is scientific,but more than a high school education is still prevents people to participate in the trial,and regulations than the upper limit of the age,appropriate provisions for 65 one full year of life,accounted for a percentage of the cognizance of professional selection of jurors is conducive to the case facts,selection process of refinement to ensure the possibility of a selection,but five years is too long,appropriate provisions for 3 years.In terms of than,provision which expanded the scope of review,still can be further expanded to may be sentenced to death penalty cases and the parties shall be given a certain amount of choice,jurors applies only for the trial of the case facts can issue list system,for ordinary people to participate in professional strong judicial activities to provide convenient,increase the effectiveness of its than collegiate process should be in a certain order,jury comment before the judges.In terms of management,the articles only court joint of the judicial administrative organ,responsibility is not clear,can be managed by the judicial administrative organ specialized,or the court set up specialized agencies to manage,after taking care besides due allowance,should also be certain personal safety insurance for its,as for not due diligence to perform the duties of the jurors shall strengthen the rigid constraints of the law.The third part is the practice of the people's juror system reform to run.This article mainly selected the C city intermediate people's court located in the western region,governs the S district court,N and C city district court,J district court,etc.,and C city has L county people's court;L F province county,and part of the trial court of H province.In the overall investigated after the pilot reform of jury system implementation,on the court for jury selection,than,specifically studies the running situation of the management work.From the investigation,the jury system reform on the whole,there are quite a role in promoting,to a certain extent,ensure the people involved in the case of extensive and representative,and a significant increase in the audit scope.And the trial of a collegiate l panel to actively promote,in fact only a listing of cases system is gradually explore medium,at the same time also on the related problems of reflection,can such as the age of the selected price caps,record of formal schooling can relax again;than range can be further expanded,the application of the collegiate panel can have layers,list can be unified standard;In the process of the collegiate bench can vote on the order of unity as jurors before professional judges;can provide special marking place for jurors,set up specialized management institutions,to buy personal insurance and so on.The fourth part is the improvement of the people's juror system reform running status advice.This section in the court of the pilot reform in general across,on the basis of the existing problems put forward the perfect Suggestions:one is formulated specifically the act of people's assessors,from the high class of law on establish the legal status of the jury system;the second is to further reform the selection of jurors.Including retaining qualified cap,again with,etc.;three is to further reform than mechanism of jurors.Including refining the court before the procedural guarantee of marking,refine the fact that rules,collegial panel select mode diversification,ensure the efficient and effective,make suggestions.Give in lawsuit choice,told the result,etc.;fourth,further reform of jurors management mechanism.Including improve the accrual equivalence mechanism,establish a standardized management mechanism,guarantee mechanism,etc.;five is to further strict implementation of the law.Enclosed attaches great importance to the degree of ascension,and the enthusiasm of jurors participate in trial,etc.If only the top-level design good,and can not meet the desired effect,it is a good law is just in vain.