The Empirical And Comparative Study Of Citizen Participating In Trial Guarantee System

The assessors non-interference in the process of participating in the trial is the key to the continuous development and improvement of the system of citizen participation in the trial.Our country’s citizen participating in the trial system is people’s assessors system,runs through the whole procedure,and their protection should also cover all aspects of performance.The People’s Assessors Law on the basis of summing up the experience of the pilot reform,stipulates five aspects of the protection of the rights,including safety,time,wages and material security of the people’s assessors in China.It further regulates the right of people’s assessors to participate in the trial and the duty of judges‘instructions,strengthens the safety and security of people’s assessors,and improves the treatment of people’s assessors to participate in the trial,and ensures the time for people’s assessors to participate in the trial.These reforms are conducive to guaranteeing citizens’ right to participate in the trial according to law and promoting the substantive participation of the people’s assessors.However,from the content point of view,the provisions of the safeguard system still have the following problems: First,the regulations are too general,which makes the practice difficult to implement these provisions.Second,there is lack of punitive clauses which makes these provisions not binding.Third,the scope of security for the people’s assessors is not comprehensive.Information security and other security contents need to be supplemented.In order to implement the people’s assessors security system and solve the problems in practice,through analyzing the data collected from the field research and drawing on the experience and practice of other countries,the writers propose the perfect measures in line with the development of China’s national conditions and hope to contribute to the judicial reform in China.