On The Improvement Of The People’s Assessor System In China

Jury system is an important judicial system and the main form of judicial democratization.It has a long history and is widely used in the world.The system of people’s assessors in China is a jury system with Chinese characteristics.People’s Assessor System is an important political and judicial system,which provides the direct way for the people to participate in the judicial activities and exercise judicial supervision.people’s assessors system has the value of guaranteeing judicial democracy and judicial justice.With the promulgation of the Law of the People’s Republic of China on people’s assessors,People’s assessor system in China has become more and more perfect.However,there are still many problems in the legislative and judicial operation of the system,in order to make this important judicial system more scientific and reasonable and play a positive role.Using the methods of literature research,empirical analysis,comparative research and questionnaires to analyzes the implementation of the people’s jury system from the current situation of legislation and practice.It is found that although the people’s assessors system has been innovated and reformed,it has become more and more standardized and reasonable,there are still some problems.the relevant legal provisions are not specific enough.It is common for people’s assessors to be elitist,not participate in the trial of cases and not participate in the evaluation of cases.In addition,people’s assessors system has the problem of irregular selection mechanism,participation mechanism and management mechanism.Therefore,we should perfect our people’s assessors system from the legislative aspect and the judicial aspect.In the aspect of legislation,through establishing the system of people’s assessors in the constitution and refining the scope and number of people’s assessor’s cases to make the people’s assessors system has legal basis.In the aspect of judicial operation,by widening the channels of selection,relaxing the conditions of selection,standardizing the term of office of the people’s assessors,holding every link of the trial,perfecting supervision mechanism,perfecting training mechanism,perfecting rewards and punishment mechanism of the people’s assessors system,to make the people’s assessors system play a more effective role.