A Positive Study On The Reform Of The People's Juror Authority

For a long time,"without trial,trial and disregard" is a problem that has been criticized in the operation of the people's jury system,and even caused a dispute between the jury system.In order to change the current status of jury,let the people's jurors function effectively.The "Decision of the Central Committee of the Communist Party of China on Comprehensively Advancing Several Major Issues Concerning the Rule of Law" was reviewed and approved at the Fourth Plenary Session of the 18 th CPC Central Committee.The people's jurors were gradually reformed,and the people's jurors were no longer tried to apply the law.The factual identification problem is to protect the substantive jury of the people's jurors and enhance the credibility of the judiciary.Afterwards,50 pilot courts nationwide launched pilot reforms.Finally,Article 22 of the People's Juror Law,promulgated on April 27,2018,stipulates that in the seven-member collegiate bench,the people's jurors shall express their opinions on the facts and participate in the voting,and no longer have the right to vote on the law.This provision retains part of the pilot reform of the people's jury system and further clarifies the rights of the people's jurors in the different forms of collegiate panels.The academic circles also refer to this reform as the separation of factual review and legal review.However,any judicial reform is not done overnight,and there are still many problems with the reform of the people's jury.The main performance is as follows: the scope of the case in which the pilot court applies the de facto trial and the legal trial separation mode in judicial practice is narrow,and the boundary between the factual trial and the legal trial is vague,and the relevant subject has a negative attitude toward the separation of the factual trial and the legal trial.The phenomenon of "without trial,trial and disregard" still exists.The reasons for the above problems are mainly the following four points: at the legislative level,the relevant legal documents stipulate the specific operation of the reform of the people's jury's power;on the theoretical level,the separation of factual and legal trials lacks theoretical basis;at the practical level,the people are implemented.The function allocation mode of jurors and judges “divisional decentralization” needs to consume a large amount of judicial costs and affect judicial efficiency;at the institutional level,there is a tension between the reform of the people's jurors' powers and the surrounding systems.Accordingly,in order to effectively implement the reform of the people's jury's powers,we should first clarify the relationship between the factual trial and the legal review in theory,and clarify the specific connotation of the factual determination and the application of the law.Secondly,the related program design is improved in the system,including the construction of the collegiate panel evaluation mode for jurors and judges to discuss and interact,strengthen the court trial function,and innovate the judicial responsibility system.Once again,it is necessary to supplement the supporting measures such as performance protection and supervision.Finally,based on the above content,we seek to improve the legislation,so as to solve the difficulties in the operation of the practice and realize the purpose of the reform of the people's jury.