People's Jurors Participate In The Study Of The Scope Of Criminal Cases

The system of people's jurors not only bears the political functions that embody judicial democracy,but also carries the function of judicial adjudication that promotes judicial justice.However,the system of people's jury in our country did not play its due function,but appeared the phenomenon of functional alienation.Although the theoretical circle has a very thorough study of the system of people's jurors,such strange things as "accompanying and not adjudicating,reviewing without deliberation" have not been resolved.In order to study the range of criminal cases that the people's jurors have participated in in the trial,it is a breakthrough point to find out which criminal cases are suitable for the people's assessors to participate in the trial.This will help the people's assessors play a substantive role in criminal judgments and realize the functions of the people's jury system.This has important theoretical and practical values for perfecting the people's jurors' legislation,guiding judicial practice,and deepening theoretical research.In addition to the introduction,the text is divided into three parts,totaling more than30,000 words.The first part determines the basis for the people's jurors to participate in the review of criminal cases.In general,determining the scope of criminal cases for people's jurors participating in trials should be consistent with the functional expectations pursued by the people's jurors system.First,the range of criminal cases that the people's jurors participate in must be consistent with judicial democracy.The participation of the people in judicial adjudication embodies democracy in a formal sense.It is the democracy in substantive sense that demonstrates actual results in the trial.The determination of the scope of participation in the trial should be based on substantive democracy.Second,the scope of the criminal case for determining the people's jurors should be consistent with the requirements of litigation fairness and efficiency of litigation.To effectively achieve litigation justice,it is necessary to find out the advantages of the people's jurors themselves and give full play to their role in value judgments.The cases of people's jurors participating in trials are concentrated on those cases that need to play a role in value judgment.Excluding a large number of simple and minor cases outside the scope of jury use not only benefits the fair realization of litigation,but also can effectively improve the efficiency of litigation.Finally,the determination of thescope of criminal cases for people's jurors to participate in the trial should consider the impact of litigation economics and litigation culture.Jury trials are an expensive business.The large number of applications for jury trials will consume a large amount of litigation resources.Litigation resources are always limited.Therefore,the range of cases applicable to jury trial should not be too wide.In addition,due to the influence of China's litigation culture,people generally suffer from "disgusting" emotions,coupled with the cultural characteristics of the "acquaintance society",the enthusiasm of the people to participate in judicial adjudication may not be high,which is also an important factor affecting the scope of determination of the trial.The second part analyzes the relevant norms of the scope of criminal cases for people's jurors and examines the operational status of the practice.Before the "Decision" was promulgated in 2004,the law did not clearly stipulate the scope of criminal cases for people's jurors to participate in the trial.Only the principle provisions were made.In practice,the situation of people's jurors participating in trials is not optimistic.The use of jury system is limited,and there are areas and types of cases that are not balanced.During the implementation of the "Decision" in 2004,the law provided relatively clear provisions on the scope of the people's assessors' cases,but they used the ambiguous term "larger social influence" and lacked practical operation.In practice,courts mostly consider whether or not to apply for jury from their own interests.There has been a phenomenon that“small cases are commonly used and large cases are used with caution”.Not only has the expected functions of the people's jurors system not been effectively achieved,it has also wasted a large amount of litigation resources and has deviated from the original intention of the people's jurors system.In the new round of judicial reform pilots,more detailed provisions have been made on the scope of the trial,but the problem still exists.This is mainly reflected in three aspects:First,the general provisions of the scope of participation in the trial are relatively broad;second,in principle,the types of cases examined are ambiguous;third,the scope of the cases involved in the trial is left without capital punishment.In practice,all pilot courts have adopted the pilot reform program as a blueprint for the detailed review of the scope of criminal cases for people's jurors.Judging from the empirical investigation,the scope of the trial cases stipulated in the pilot reforms is basically unconstrained by practice,and the trial rate of many pilot courts is still as high as 100%.However,it is arrogant that many simple and minor criminal cases that were tried with simple procedures are applied to the people's jurytrial.Some cases that have major social influences have not been applied,but they have formed "the use should not be used but should not be used." The situation.Not only failed to effectively reflect judicial democracy,but also did not promote the effective realization of procedural justice.The third part puts forward suggestions for improving the scope of criminal cases for people's jurors.First of all,we will analyze the provisions of the People's Assessors Law(Draft)regarding the scope of participation in the trial.Secondly,the overall concept of improving legislation is mainly composed of four aspects: First,it is to meet the functional expectations of the people's jurors system,mainly the effective realization of judicial democracy and procedural justice;the second is to clarify the types of criminal cases in which people's assessors participate in trials.Change the ambiguous status of people's jurors in the scope of their cases,and enhance the operability of the practices;Third,limit the scope of people's jurors in participating in trials,taking into account the limited resources of litigation and the efficiency of litigation,people's assessors participate in the review The scope of criminal cases should be appropriately reduced.Fourth,the distinction between felony and misdemeanor should be made.In light of the actual situation in China,a crime with a maximum statutory maximum penalty of three years or less of fixed-term imprisonment should be defined as a minor crime,conversely a serious crime.Finally,improve the specific design of the legislation.The range of criminal cases for people's jurors to participate in trials includes the following two types of cases: cases in which controversy and sentencing are controversial,and cases in which the defendant may be sentenced to more than three years imprisonment;life imprisonment and death penalty cases.However,the defendant's application for non-applicable people's jury trial shall not be applicable(except for death penalty cases).