Researches On Citizen Participation In The Criminal Trial System In Taiwan Area Of China

People's participation in trial system is an important reform in modern criminal legal system,in which the jury system of Anglo-American law system has been practiced for years,and Germany and France of continental law system also have the participation system.In recent years,the white rose movement,which is derived from the controversy over the judgment of sexual assault on girls,and the mass demonstrations caused by the dissatisfaction with Hong Zhongqiu's military trial,have seriously undermined the judicial credibility in Taiwan Area of China.The "judicial court" hopes to enhance the communication and dialogue between the judicial professional community and the general people,shorten the distance between the judicial trial and the society,and respond to the problem of low judicial credibility.From 2011 to 2016,by referring to the legal experience of various countries,the court conceived and promoted the localized people's view of trial system.In 2017,based on the accumulated experience of the past and the framework of the bill,the new bill "Citizen Participation in Criminal Trial Law" was completed by further incorporating the policy concept of allowing people to participate in substantive participation and discussing voting with judges in an equal status.Taking the citizen participation in criminal trial system in Taiwan as the research object,this paper starts from two aspects of legislation and judicial practice,sorts out problems and summarizes experience,so as to put forward valuable suggestions for the improvement of the people's jury system in mainland China.In addition to the introduction,conclusion,references and thanks,this paper has four parts.The first part is an overview of the citizen participation in the criminal trial system in Taiwan.This part mainly contains three contents.Firstly,it introduces the concept and characteristics of citizen participation in criminal trial system,and highlights that the system is a new form with mixed nature through comparison.The system is only applicable to the criminal field,with the pretrial preparation procedure as the focus of the whole system,and the first clear indictment-only doctrine.Secondly,the historical evolution of the system is explored.The exploration and innovation of people's participation in the judicial system in Taiwan reflects the determination in the process of judicial socialization to some extent.Finally,it analyzes the value of the system:to improve the judicial transparency that enhance people's trust in the judiciary;put community of legal feelings into the application oflaw;make rule-of-law education works and increase people's understanding of justice.The second part is the system design of citizen participation in criminal trial in Taiwan.Starting from the normative level,this part mainly covers the basic contents of the personnel composition of the court,the scope of application of the case,the pretrial preparation procedure,the selection procedure,the intermediate discussion procedure,the evaluation and voting mode,and the indictment-only doctrine.At the same time,analyze the design philosophy behind the basic content.The third part is the practice and operation of the citizen participation in the criminal trial system in Taiwan.This part reviews the system from the perspective of practice,summarizes its experience and effectiveness in the trial simulation process,and sorts out existing problems.Increasing people's confidence in participation and simplifying the legal language;improving people's trust in the judiciary and reducing their doubts about the judiciary;highlighting the function of the preparation procedure that trials are more effective and focused.Although have some achievements but also expose some problems.The stage of pretrial preparation is hollow and tedious and the rights of the three parties should be exercised in advance;the preparation procedure of the collation of issues and the trial plan lack of legal binding force;the questionnaire design for the candidate judges is unreasonable in the process of selection and appointment;pretrial statements tend to be abstract.The fourth part is the comprehensive evaluation of the citizen participation in the criminal trial system in Taiwan and the enlightenment to the people's assessor system in mainland China.Aiming at the main problems of the people's assessor system,such as "accompany rather than trial",and compares the practice in Taiwan that concludes its reference significance to the people's assessor.The enlightenment includes:combine pretrial conference with the people's assessor system;promote the selection and incentive mechanism of people's assessors;improve the quality and efficiency of people's assessors.