Study On People’s Jury System Reform Based On Trial Of Facts

The people’s Jury System is an important system design for the implemen tation of the principles of judicial democracy,judicial justice and judici al openness.However,in practice,people’s jury "accompany not trial" phen omenon still exists,there are still many institutional obstacles.In the co ntext of rule by law,deepening the reform of People ’s Jury System is the inherent requirement of judicial reform.The Fourth Plenary Session of the Eighteenth Central Committee made it clear that,"to gradually realize the people’s jury no longer trialthe application of the law,only to participat ein the trial of the fact." This indicates the direction for the reform of the people’s Jury System.In the case that the people’s jury are only invo lved in thetrial,it will inevitably have a direct impact on the scope of t he case,the selection mechanism,the interests of the parties,and lead to reform of the trial mechanism,to effectively protect the people’s jury to participate in the trial of the facts,and to form a reasonable balances b etween judge and people’s jury to achieve justice.As a starting point,the article focuses on the analysis of the structure of the collegiate panel,the rational allocation of powers and responsibilities,the responsibilitie sof people jury,and to guide the people’s jury to carry out the trial of facts and to prevent improper influence,put forward my own point of view t o it.The first part of the article elaborates the necessity and rationality of the people’s jury participation in the trial,defines the trial of facts and the legal trial.The second part of the article discusses the scope of the jury,the qua lifications of the people’s jury,the selection and avoidance of the people’s jury.In view of the fact that the scope of the jury isnot clear and theeligibility is not reasonable,the author proposed Jury System of United Ki ngdon and United states,trial system of France and Germany to reference,cl ear the scope of the jury,multiply thenumber of people’s jury,To give the parties the right of claim and dissen,Strengthenthe random machine selecti on of specific cases,establish the reasonable avoidance mechanism.The third part and the fourth part of the article are the focus of this article and take care of each other.The third part analysis the mechanism of independent judgments for the people’s jury,collegial structure,alloca tion of powers and responsibilities,jury responsibility for the trial of t he facts and so on,analysis the institutional problems.The fourth part pu t forward some suggestions to solve the problem,reconstruct mechanism of t rial of facts,change the collegiate structure and power allocation,requir e the judge to provide legal guidance,Eliminate the unproper influence in t he judicial process,realize the power and responsibilities of people’s jury.Clear the principle of liability for jury,which is compatible with the jud ge’s responsibility system,establish a reasonable collegial system,and ad just the principle of appeals trial on trial of facts.To ensure that the s ystem reform will promote the effectiveness of judicial justice and judicia lcredibility.