Research On Citizen Participation In Criminal Trial

Citizen participation in criminal trial is the embodiment of the principle of people's sovereignty,one of the important contents of socialist democracy and rule of law,and an important form of judicial democracy.Citizen participation in criminal trials is conducive to exerting the function of restricting and supervising judicature,safeguarding judicial justice and preventing judicial arbitrariness.The participation of citizens in the judicature is conducive to the judicial ruling to absorb the general sense of fairness and justice in the society,to reflect the judicial response to society,and to achieve the legal and social effects of judicial adjudication.Citizens participating in criminal trials are beneficial to citizens in understanding and approaching the judiciary,providing citizens with legal literacy,cultivating citizens' social responsibilities,increasing citizens' trust in the judiciary,and thus improving judicial credibility.As an important mechanism in the society ruled by law,citizen participation in criminal trial needs to be nurtured and perfected with the development of the times.There are more forms than contents,more slogans than substances in the participation of citizens in criminal trials in our country.Its substantive functions haven't been fully developed.There are many problems,such as lack of design of non-institutional systems and imperfect implementation mechanisms.Citizen participation in criminal judicature is divided into two aspects,one is the right of judicial comment of citizens;the other is the right of judicial judgment of citizens.Citizen right of judicial comment is an important manifestation of people's judicature and judicature for the people.It is the right of citizens to express views,opinions and criticisms on judicial hot cases based on constitutional rights.Since the age of self-media,it has provided favorable conditions for the exercise of citizens'judicial comment rights,and judicial hot cases have become the focus of attention of the whole society.From the judicial hot cases that have occurred in China in recent years,it has been fully demonstrated that the right of citizens'judicial comment plays an important role in correcting wrongful cases,supervising the judicature,and inspecting the sense of social fairness and justice,but it also fully exposes many problems in the judicial comment right.It is urgent to unblock the path of citizens'judicial comment rights,prevent deliberate obstruction of "public opinion",punish malicious speculation "public opinion",and regulate intentional manipulation of"public opinion." To regulate the content of citizen judicial comment right and protect citizens' judicial right to know,judicial organs are obliged to disclose the facts and evidence of casestimely and lawfully,to guide the objective rationality of citizens judicial comment,and balance the conflict between citizens' judicial comment right and independent judiciary.We should improve the operational mechanism of citizens judicial comment power and make it play its due value.Civic judicial jurisdiction is one of the important forms of citizen participation in criminal trials.The right of citizens to participate in judicial jurisdiction is to exercise the state's judicial power directly as a citizen of the people's jurors,and is the best form of realization of the principle of people's sovereignty.The people's jury system is an important judicial system in China and it is also a judicial system that exists universally and develops gradually in a country ruled by law.The people's jury system is of great value in curbing judicial monopoly and judicial oppression.For a long time,the people's jury system of our country only stays in the political symbolic meaning,and its effectiveness has not been fully exerted.With the advancement of the rule of law in general,the reform of the jury system and the promulgation and implementation of the new People's Jury Law,it is of great significance to analyze the problems existing in the people's jury system and to effectively promote the implementation and improvement of the people's jury system.