Citizen Participation In The Trial Based On Judicial Authority

Since the establishment of the modern trial system after the Enlightenment Movement,citizen participation therein,as a judicial democracy,has gradually legally set up in various countries.Citizen participation in the trial has become a basic legal institution with a sound operation system and has played a role in the judicial practice of various countries.In view of the current lack of judicial credibility and the impact towards judicial authority,citizen participation in the trial is not merely a tool to communicate public opinion and wisdom in the judicial system.It is more about people's recognition and respect of judicial authority.Citizens participate in the trial usually institutionalized in the form of people assessor system.It not only becomes a symbol of judicial authority and judicial fairness,but is also a form of normal expression of democratic politics.Moreover,it provides an effective way for citizens to participate in political life.The value and efficacy of people assessor system provides powerful institutional support for the enhancement of judicial credibility and the reinforcement of judicial authority.Nowadays in China,the number of judicial cases increase rapidly,which brings the contradictory between the fictionalization and socialization of the citizen participation in the trial due to the independence and professional requirements of trial participation.However,in fact,they are not in conflict and shall be promoted at the same time.Due to deviations in the subjective understanding of parties involved in judicial practice,they have thus affected understandings of their function positioning.The effective operation of the function has been more or less interfered,which leads to a certain degree of blockage in the operation of the people assessor system,failing to show its intended value and quality.Some technical problems that still need to be solved make people's evaluation of the system different and even cause controversy over the system.From the perspective of ordinary citizens,in order to form a reasonable evaluation of judicial activities,it is imperative to participate in judicial practice personally and to directly experience judicial activities with different identities.Under China's current litigation system,people assessor system is an important way for ordinary citizens to directly participate in the judiciary.In this sense,the reform of the system must be close to the status quo of judicial practice and democracy in our country,and solve the practical problems and conflicts appeared in people's participation in the trial,which hopefully in turn will benefit the manifestation of judicial authority and enhance judicial credibility.