The Jurisprudential Study Of The Separation Of The Trial Of Fact And The Trial Of Law

The decision of the Central Committee of the Communist Party of the Communist Party of China on a number of major issues in the overall promotion of manage state affairs according to law made by The Communist Party of China in the fourth Plenary Session of the 18 th CPC Central Committee proposed that “implement the people's jurors to the question of the application of the law,only participate in the question of hearing the facts”.Which means the people's jurors try the facts part of the case,and the professional judge adjudicate the application of the case in the course of the trial.This top design stem,which from the Anglo American law system,has led to many controversies between theory and practice in China's jurisprudence and judicial practice.Subsection the fact trial and the legal trial is common in the way of the trial of the professional judge.The court investigation as the fact,the court debate,the joint discussion and the sentencing as the legal trial,is the trial stage known and recognized by the procedural law community.At present,the focus of the dispute is The division of powers and checks and cooperation between judges and officials is not traditional in Chinese legal system and continental law system,they are also not recognized by traditional legal theories and customary trial methods In the jury model of judicial trial.In view of this,the author tries to analyze and deconstruct the jurisprudence,put forward the legal basis of the jury system in fact trial and legal trial separation at the theoretical level,construct the core hypothesis that the essence of fact trial and legal trial separation problem is the problem of social labor division.And then put forward the theoretical hypothesis,such as the fundamental way to solve this problem is to find out that judges and jurors should have a reasonable division of labor in the original professional judge's way of trial,jury's independent review and vote to embody judicial democracy in the trial process.The purpose of this paper is to prove the above theoretical hypothesis.In the first chapter,we study the theoretical basis of the jury system,including the concept and connotation,the development history and the value basis of the jury system.In the second chapter,the author will focus on the legal basis of the trial of law and fact trial trial separation,carry on the legal analysis of if “fact trial” and “legal trial”can be separated? the question of fact and fact,the application of the law and the judge on how to carry on the legal trial.In the third chapter,the author will study the separation mechanism of fact trial and legal trial,including negotiation on democracy and division of labor in judgement,principle of the separation of fact trial and legal trial(the principle of presence,the principle of remainder,and the principle of discussion,etc).In the fourth chapter,“deepening the path of the reform of the jury system”,the author will put forward the main idea of deepening the reform of the jury system: replace “legal assessor” by “random electorate”,“the same position same rights ” by“different position different rights”of jurors and judges,“collegiatesystem”by“Argumentative system”,“sentencing in the court” by “postpone sentencing” and so on.And design of practical operation links and mechanism in a meticulous and deepgoing way,focuses on each specific case's “trial separation”,and how to division the labour in judge's and juror's business problems.Which is how to make a reasonable separation into two,it should be balanced or biased on the issue of the distribution of power and responsibility of the judge and the jury,Whether a juror only needs to adjudicate objective facts,a judge tries to handle a case in accordance with the law simply,the main body of the jury system: the jurors,how to do "not only accompany but also try",how to accompany(supervision)and trial(trial process)specifically.The main value of this paper is study on the principle and system design of the separation of fact trial and law trial,which conform to the reality of our country.To find a “two trial separation” that has Chinese characteristic by reference the mature experience of the jury in Anglo American law system,makes it can truly conform to the reality of China and Practical feasibility,part from the past jurors' formalized reality: “accompany without trial”.Let the "two trial separation" system can truly play its real effect,to enhance the credibility of the judiciary,to realize the value and role of judicial fairness and justice in every case.The author believes that,jury system,as a democratic form of citizen's direct participation in judicial activities and juridical reform of jurors responsible for factual trial and independent review,has been strongly appealed and recognized by citizens in modern society.A special legal system for the people's jurors should be introduced,so there is law to abide by in the separation of fact trial and law trial.