The System Of People’s Assessors Identify The Facts

The Forth Plenary Session of the 18 th CPC Central Committee proposed that people’s jurors no longer identify legal issues and people’s jurors and judges identify facts together.After more than two years of practical exploration of the pilot court,the People’s Jurors Law was enacted in April 2018.Based on the analysis of "fact trial" and "law trial",this paper points out the dilemma of the current juror identify facts reform in legislation and justice.In legislation,there are lacking standard of division in "fact" and "law",lacking of detailed operational guidelines for judges,lacking legitimacy in the review rule.Meanwhile,facts are not final.Juror qualifications are not conducive to the determination of facts.The constitution lacks provisions on the right of the people to participate in the trial.In the judicial aspect,there are two problems.The one is the division of "fact" and "law" lacks concrete methods.The other one is professional education for jurors doesn’t help fact-finding.Combined relevant experiences outside the region,this paper puts forward several suggestions.In terms of legislation,the first is proposed the division standard of "fact" and "law".Second,refining the judicial guidance system.Third is change the evaluation mechanism.Forth is that establishing the principles for the handling of the facts by the appeal tribunal.Fifth is the provisions for adjusting the qualifications of people’s jurors.The last one is to restore the constitutional status of the people’s jury system.In the judicial aspect,there are two suggestions that is compulsory application of the question list system and changing the content of vocational training for people’s jurors.The innovation of this paper is to propose that both parties should be given the right of objection under the question list system to guarantee the neutrality of judges.Also the people’s assessors shall identify the evidence facts,and the legal facts shall belong to the judge alone.