On The Jury Mode Of Separation Of Legal Trial And Fact Trial In China

Judging from the jury system all over the world,we all have a common feature of the jury system,that is,jurors in almost all countries can determine the facts,but the only difference is the application of the law.First of all,in the European and American legal system countries,jurors participate in the trial of cases is the fact that the application of the law is completely separated from the fact that jurors only try the relevant issues of fact-finding,not participating in the application of the law but in civil law countries,jurors in the trial of the law and the trial of the facts is a joint trial.Since the Fourth Plenary Session of the Eighteenth Central Committee of the Communist Party of China(CPC),China has made the "Decision of the CPC Central Committee on Several Important Issues Concerning the Comprehensive Rule of Law"(hereinafter referred to as the "Decision"),proposing the gradual implementation of people's assessors' participation in fact-finding in trial cases,and no longer conducting trials on the application of the law.Subsequently issued the corresponding reform pilot program,the reform program is also for the fact trial of jurors and the separation of the trial of the law made provisions.The promulgation of the "Decision" and the reform plan symbolizes the jury system of our country enters the reform stage,which is the great change of the jury system of our country all the time,and has the great significance for exploring the separation of the fact trial and the legal trial.Then,on April 27,2018,the People's Juror Law was newly promulgated,which innovated the new jury model,namely,the seven-member collegiate bench model.The new jury model made specific restrictions on the juror's right to participate in the trial.In fact-finding,the juror and the judge can independently express their opinions,jointly determine and vote together;However,the law provides that jurors and judges can express their opinions independently,but the voting jurors do not participate in it.This article stipulates that the juror 's right to participate in the trial is limited to the fact-finding,which meets the needs of the juror system reform in China.In this paper,the author mainly from the following four parts to elaborate,first of all,the first part of the jury system in our country mainly expounds the status quo of legal trial and trial of facts,mainly from the historical process and development of the people 's jury system,as well as the definition of the concept of legal trial and trial of facts described several aspects.The second part analyzes the necessity and possibility of the separation of trial by law and trial by fact,mainly analyzes the problems broughtby the combination of trial by law and trial by fact,and the possibility of the separation brought by the reform of judicial system and the People's Juror Law.The third part mainly analyzes the dilemma of the separation of legal trial and factual trial,the main dilemma is the distinction between legal issues and factual issues.Finally the fourth part mainly from our country people 's jurors to participate in the fact trial and the legal trial separation of specific measures to elaborate,mainly for the third part of the predicament put forward by the analysis of its solutions,so as to improve our country people' s jurors trial and the separation of the fact trial.