Research On The Range Of People's Assessors' Participation In Trial In China

At present,the judicial reform is in full swing.As an important part of the judicial reform,the people's jury system has put on the agenda of the reform again."Authorization to Carry out a Reform of The JurySystem"made by the National People's Congress.And then,theSupreme People's court issued the "People's Jury System Reform Case" and"The Reform of The Jury System Implementation Method",and then the people's jury system reform was carried out in fifty courts all ofthe country,which marks the people's jury system has entered a new period of development.The people's assessor system has experienced a process from scratch in our country's judicial system.From the period of the Soviet government,the jury system began to be applied to the construction of democratic power in China.To the period of socialist legal construction in China,the jury system has always been a judicial system in our country,the right of ordinary citizens to directly participate in judicial trial is granted.The jury system bears the ideal of judicial democracy,and plays an irreplaceable role in promoting judicial justice,restraining judicial corruption and increasing social acceptance of judicial decisions.However,any system is not perfect.The jury system also has a series of problems in the operation of judicial practice.The appearance of "accompany without trial","the jury of the court" and so on deviated from the original intention of the establishment of the jury system.We can see that there are some problems in jury system,such as the selection procedure,the determination of jury scope,the management of jurors and the guarantee of performance.Starting from the scope of the reference,this article explores which cases should be determined by the people's jurors to participate in the trial,which is an important issue,the trial scope is not clear,it will be difficult to ensure the rights of ordinary people to participate in the trial,and it is difficult to achieve the sharing of jurisdiction and ordinary citizens,and ultimately lead to the function of jury system is not effective.Since the Standing Committee of the National People's Congress adopted "the decision on improving the people's assessor system" in 2004,the jury's scope is vague,which leads to the problem that the court's application deviates from the original intention of the legislation,which is criticized by scholars.Therefore,the change of the jury scope has also become part of the reform of the jury system.From the historical point of view,this paper explores the scope and the changes of the assessors' scope,and analyzes the changes of the scope of the trial according to the social and political environment at that time,providing a perspective for the longitudinal inquiry of the jury.It also introduces the current reform of the scope of the reference,and analyses the progress and shortcomings in the comparison of the provisions of the reform.Secondly,it explores and analyzes the implementation of the court in recent years according to the provisions of the scope of trial,and points out the problems arising from the unclear provisions in the practice.Thirdly,it compares the provisions of the jury system in the world to the scope of the reference and the change of the reform,including the provisions of the jury system and the trial system under the mode of trial scope,on the horizontal side,we compare the provisions of the scope of the trial,and understand the scope of the jury system in the world,the main applicable cases and the trend of change,so as to provide some references for the definition of the scope of trial in China.Finally,some concrete and perfect suggestions are put forward in view of the scope of the present reference,based on the Chinese current social environment,political environment,legal status and the needs of the people,determine the scope of the trial reasonably;At the same time,we can draw lessons from some good ways prescribed by foreign countries for the scope of the jury,so that people's jurors can participate in the hearing of cases more clearly and clearly,and ensure the effective implementation of the jury system from the perspective of clear scope of trial.