Study On Legal Liability Of People's Jurors

The people's jury system is a special system with both judicial and political attributes.Therefore,it is necessary to consider the design and construction of the responsibility system from many angles and aspects.It is necessary to consider the characteristics of the public participation of the people's jury system and how to effectively realize its judicial function.As a referee,the people's jurors have the same powers as the judges under formal institutional arrangements and have substantive jurisdiction over the factual part of the case.Under the background of the judicial responsibility system,whether the people's jurors bear the responsibility of the result of the case is still controversial.According to the principle of the unity of powers and responsibilities and the rational distribution of responsibilities,the people's jurors have some responsibility for the responsibility of the case.However,starting from the institutional characteristics of the public participation in judicial trials,as well as the function of the existing judicial committees and appeal procedures in China,it is possible to achieve the risk of circumventing the wrong cases that can be generated by the people's jurors.Therefore,it is a better value choice to exempt the people's jurors from the result of the case under the current national conditions of low jury enthusiasm.In addition,as "judges who do not wear robes",the people's jurors are given special obligations and higher moral requirements than ordinary people.Such as,no trial shall be absent for no reason,affecting the normal conduct of trial activities;do not reveal the secret of trial;do not express arguing about participating cases,create public opinion storms to damage judicial authority.The people's jurors will bear the corresponding legal responsibilities in violation of the statutory obligations,but the provisions of the legislation on the legal responsibility of the people's jurors are slightly rough.The lack of standardization of legislation will inevitably lead to the practice of doing nothing.In practice,there are some problems that the people's jurors have a single form of legal responsibility,the effectiveness of legal liability is insufficient,the subject of legal investigation is unknown,and the legal procedures are lacking in due process,it has created a real dilemma for the people's jurors to be separated from the legal liability regulations.In this regard,we can refer to relevant experience and practices outside the domain to improve the legal responsibility system of the people's jurors,such as increasing the punishment of responsibility appropriately;defining whether the people'sjurors belong to the subjective nature of the judicial staff,thus determining the subject of investigation of their different legal responsibilities;improving the procedures for the people's jurors to blame,and giving the jurors the corresponding relief rights.In addition,we should not blindly emphasize the construction of the responsibility system and neglect the quality education of the jurors.To improve the legal responsibility system of the people's jurors,we must adhere to the combination of punishment and education,and ideological and moral education and institutional guarantees are indispensable.