Research On The Regulation Of Collegiate Bench Appraisal Of Jury System

Besides introduction and conclusion,this article is divided into five parts.Part one mainly combs legal provision about people's assessors participate in review before Reform Pilot Program of the People's Jury System published,and describes concrete situation in judicial practice.In terms of legislation,people's jury system first formal provided in Interim Organic Regulation of the People's Courts of the People's Republic of China which published in 1951.Afterward,in order to better implement the people's jury system,some legal documents are published by Standing Committee of the National People's Congress,The Supreme People's Court,and Superior People's Court of Guangdong,Shanxi,Henan.But,these legal documents are relatively deficient and lacking operability.In the judicial practice,there is a phenomenon occurs frequently that people's assessors “stationed” at the court trial.And collegiate bench become a mere formality.In a word,whether a trial or a collegiate bench,it is the judge of the “centralized”.People's assessors have been reduced to people's foil member.In the second part,first of all,the author introduce the overall situation of people's jury system reform about Q people's tribunal,after Reform Pilot Program of the People's Jury System published.The main content is about that G superior people's court and Q people's tribunal draft a series of guidance documents and implementation plan in order to put the reform of jury system into effect.Then introduces the operation condition of collegiate bench which people's jurors participate in.On the basis of author's research in Q people's tribunal,the situation can be divided into two categories,a total of four cases discussed respectively:Summary Procedure,General Procedure.General Procedure including three of the following:the ordinary case which judged with General Procedure,the case has significant social impact which involved complaint or has lots of stakeholders,the“2+3”model and“3+4”model.The appraisal of General Procedure collegiate is relatively flexible,the vast majority of cases are examined and appraised immediately after the court trial.The procedure of deliberation of cases which judged with General Procedure is the most typical and concrete.Author will elaborate the following aspects one by one:deliberation time,deliberation place,judge's statement about the case,legal explanation,contents of deliberation,turn of speaking,collegialdiscussion,how to handle the differences,how to record and sign the deliberation.The other two cases are variation from the procedure of deliberation of typical General Procedure.The author uses specific case to analyze procedure of deliberation of the case has significant social impact which involved complaint or has lots of stakeholders.For procedure of deliberation of the“2+3”model and“3+4”model,author its focus on differences against to typical General Procedure.Hereafter,part three and part four to evaluate the reform implementation of system of people's jurors.Of course,procedure of deliberation which people's assessors participate in is focal point.The third part main analyze advancement of the reform of system of people's jurors,part four aim at its problems and courses.In the third part,The author demonstrate its advancement using a special case and statistical data.It can be seen clearly that compared with the previous two years,Q people's tribunal's people's assessors indeed plays a more and more important role during procedure of deliberation in 2015.In the procedure of deliberation with people's assessors have more clear stages,particularly the case judged with General Procedure.It can conclude that the reform of people's jury system have substantial progress.In part four,the author analyze its problems and causes in the procedure of deliberation with people's assessors at Q people's tribunal through a large number of interviews,questionnaire survey,data analysis and combined with personally experience.Basically has the following aspect.Firstly,people 's jurors have low pre-reading rate.People's jurors understand the case often by “judge's introduction”and“read the complaint or pleadings”,rarely review files in advance.Time conflict of jury work and one's job is the main reason.Secondly,the review time is arbitrary,noisy environment and chaotic order.Although there are documents required deliberation immediately after the trial,but the situation is not very desirable,cases that are immediately reviewed is numbered.In addition,as the office of Q people's tribunal is equipped with unreasonable,the environment when collegial panel reviewing is often noisy,chaotic order,affect the collegiate bench on the rails.Thirdly,the clerk does not record the deliberation agree on schedule.The contempt for the colloquial record of the clerk is the main cause of such results,as well as the heavy workload.Fourth,the legal interpretation of the judge often overstep the scope of the law.Fifth is that how to cut off the establishment of a fact and legal judgment clearly.The jury system reform requires a gradual exploration of the implementation of the people's jurors no longerjudge the application of law,only to participate in the trial of establishment of the fact.However,the fact judgement that not only in theory and legal procedures often overlap with application of law,how to make a clear distinction in practice between the two is often plagued by judges and people's assessors.Sixth,sentencing opinion for the referee of people's jurors is not clear.Sentencing opinion is undoubtedly the subject of legal application,however,in this round of jury reform has not banned people's assessors to express their views to this comment,merely asked jurors don't participate in the final vote,so that put jurors sentencing opinions in the awkward position.Seventh,there are unreasonable points in the discussion stage.In practice,the opinions of the people's jurors are often misinterpreted by the judges,making the discussion stage a“melting pot”.Eighth,unreasonable voting order and ways of voting.Unreasonable voting order and express voting can produce intangible pressure on independent vote of juror and adversely affect the voting results.The fifth part begins with a brief exposition of the five basic principles that the collegial panel review should follow:the principle of all involved,the principle of independent trial,the principle of prompt and centrality,the principle of secret appraisal,the principle of forbiding the forfeit.Afterward,aiming at the problems analyzed in the fourth part,we put forward perfect suggestions in the order of collegiality,and strive to form a set of complete and operable people's jurors involved in the proceedings and rules.Firstly,by the presiding judge to“rating”the case and take relevant measures to allow each juror to fully understand the case before the collegiate.Secondly,resolutely implement the provisions of the review immediately after the trial and provide a quiet and private space for the collegial panel review to ensure the confidentiality and continuity of the collegial process.Thirdly,increase the number of clerks so that the clerks have time and energy to record the collegial notes on the spot.Fourth,clear the contents of the legal interpretation of the judge to prevent the judge to improper instructions to the jurors.Fifth,formulate a “list of comments”by judges to clear the contents of the collegial panel deliberations.Sixth,strict enforcement of members of the collegial panel presentation order.Seventh,in the collegial discussion stage,the judge and the people's jurors are separated to discuss to resolve the judge to persuade the dissenting jurors.Eighth,implement anonymous voting,learn from the practice of France,implementation the“list of issues”and to improve the principle of“a few to obey the majority”.