A Study On The Perfection Of China's System Of People's Assessors Based On Differentiated Case Types

In the jury process,there's phenomenon that is people's assessors just attend but not to judge or just judge but not to discuss.To a large extent,the jury formalism results from the lack of professional jury knowledge of the assessors.If the type of the cases have been classified and the people's assessors can take part in judicial practice,they can really make full use of their own advantages.It can not only help the judge to solve the defects on specific professional knowledge but also make full use of the role of the people's assessors and form a benign interaction.This article will be divided into four parts.The first part focuses on the concept,value and current jury system.By defining the extension and connotation of things,it is clear that there is a holistic understanding of the jury system.The value of jury system refers to the system in the process of implementing the utility and able to achieve what goal,a total of six big value,respectively is power guarantee value,the value of freedom and promoting the value of judicial credibility,checks and balances,dissemination of the value,the value of justice.It is an indispensable and important system in China to highlight the juror system.The mode of people's juror system is to improve it according to the country's legal tradition and judicial practice and form a suitable mode of jury system in China.The second part of the article focuses on the development history of China's jury system and the deficiencies existing in the current people's jury system.The development of China's people's juror system can be divided into the period before the revolution of 1911,the period of the republic of China and the period after the founding of new China.Combined with the current judicial practice,this system still has many shortcomings that need to be improved urgently.This paper points out the shortcomings from seven aspects,and puts forward the urgency and feasibility study of improving the people's jury system in China by distinguishing the types of cases.The third part focuses on the investigation and analysis of the jury system of foreign countries.Mountain can offend jade,jury system was transplanted to countries outside the legal system in China,in an attempt to improve the people's jury system in our country,to countries outside of juror system situation and changesituation investigation,evaluation,combining with the experience of advanced countries outside,to improve the people's jury system of our country.The representative countries outside the region include the jury system in the United States and the United States,the system of participation in trials in France and Germany,and the atypical Japanese referee system.The fourth part of the article focuses on the concept of improving the people's jury system in China by distinguishing the types of cases.There are many shortcomings in the current people's juror system that need to be improved.Its in-depth development today,the reform of the judicial system,system reform already in place,a judge on trial,the trial of the demand as the center is gradually implement,timing of the improvement of the people's juror system is accordingly,ensure it can play to due utility.As a legal professionals,think to distinguish the case type to perfect our people's juror system can help to solve defects on solid professional knowledge,a judge can also give full play to the role of people's assessors to effectively avoid the accompany without careful,careful and not discuss phenomenon,and the benign interaction between cases in the people's juror system applicable to distinguish types of way is also urgent.This paper puts forward Suggestions from seven aspects to distinguish case types and improve the people's juror system in China.1.Establish a systematic legal system and perfect the constitutional guarantee mechanism.2.Create the atmosphere of jury trial and cultivate the consciousness of jury;3.Define the scope of application of the case;4.Establish different selection criteria and build information base;5.Decide on the number of jurors,the content and authority of the trial;6.Establish a procedural system for the application of jurors;7.Improve the performance guarantee system for jurors.