The Construction Of The Applicable Scope Of People's Juror System In China

As an important judicial and political system,the people's jurors system was originally introduced in our country to promote judicial democracy,promote judicial justice and strengthen judicial supervision.However,in judicial practice,problems such as the inadequate implementation of the scope of participation in the trial are prominent,and the functions of the people's jurors system have not been effectively brought into play.On April 14th,2015,the Supreme People's Court and the Ministry of Justice jointly issued the"Pilot Program for the Reform of the System of the People's Jurors"(hereinafter referred to as the "Pilot Program"),explicitly requiring that the scope of participation in the trial be appropriately expanded in the work of the pilot courts,and adding the conditions for participation in the trial of cases of fixed-term imprisonment of more than 10 years and life imprisonment.And on May 20th that year,the two authorities issued the "Implementation Measures for the Pilot Reform of the People's Jurors System"(hereinafter referred to as the"Implementation Measures"),which again increased the requirements for participation in trials involving land acquisition and relocation,environmental protection,and food and drug safety cases,and clarified the contents of individual privacy,business secret cases,and other cases where parties may refuse to participate in trials by jurors.After three years of pilot work,the Standing Committee of the National People's Congress passed the Law of the People's Republic of China on People's Jurors(hereinafter referred to as the Jurors Law)on April 27th,2018,in this Law,the scope of participation have been carefully adjusted on the basis of the pilot reform.Although this legislative adjustment has certain progressive significance,the application of the scope of participation in the trial is still far from the original intention of the legislation due to the following reasons,including not enough specific in the specific occasion which is applicable to the scope of participation,the judicial publicity work is not in place,lack of procedural norms and illegal sanctions,and the contradiction of a large number of cases but only few jurors.Based on the current situation of the court in District A participating in the trial,this thesis intends to find out the difficulties in the current application of the scope of participation in the trial in our country on the basis of analyzing the current situation.While,on the basis of studying and drawing lessons from the characteristics of the development of the scope of participation in the trial in foreign countries,several effective ways to improve the scope of participation in the trial in our country are proposed in this thesis.This thesis is mainly divided into five parts.The first part introduces the origin of the jurors system and the establishment of the people's jurors system in our country,and analyzes the value and significance of perfecting the scope of people's jurors participation.The second part studies and analyzes the development process,characteristics and defects of the scope of the people's jurors participation in the trial,introduces the exploration of the scope of participation in the trial in the pilot areas of our country,and intends to find out the suitable situation for local transplantation vertically through summarizing and concluding the changes of the scope of participation in the trial in our country.The third part analyzes the current situation of the trial participation of District A Court after the introduction of the Jurors Law,taking individual cases as reference,and further introduces the problems and reasons that still exist in judicial practice,which is in order to provide data support for the follow-up improvement of the scope of the trial participation in our country.The fourth part analyzes the development of the scope of participation in trials in representative foreign countries,summarizes the characteristics of the scope of participation in trials in different legal system countries,studies the difficulties encountered by them,and looks for suitable standards for the scope of participation in trials in China.The fifth part is about suggestions on the perfection of the scope of participation in the trial in our country.On the basis of summarizing the previous research results,this part puts forward three modes to perfect the legislation of the scope of participation in the trial in our country,namely,necessary participation in the trial,exclusion of participation in the trial,and be able to participate in the trial.While,it also puts forward suggestions on perfecting the supporting mechanism and expanding the function of the scope of participation in the trial.It is suggested that the deep value of the jurors system should be explored on the premise of ensuring the original function of the jurors system.