On The Reform Of The People's Assessor System

The people's assessor system reform existed in China for more than 100 years as the “imported goods”,and has been the judicial system with Chinese characteristics that integrates democratic freedom and public trust authority in the evolution and development.In 2015,the Standing Committee of the National People's Congress has voted to pass the “Decision on authorizing the Implementation of the Pilot Program on the Reform of the System of People's Assessor in Certain Areas”,the Supreme People's Court is authorized to select five courts(including basic people's courts and intermediate people's courts)each in ten provinces(autonomous regions and municipalities directly under the Central Government),namely,Beijing,Hebei,Heilongjiang,Jiangsu to conduct the pilot program on the reform of the system of people's assessor.The decision emphasizes the People's Assessor System Reform need to be improve and perfect,ensuring the orderly participation of the people in the judiciary and laying the policy foundation for the next pilot reform.Pilot reform as the research object in this paper,based on two aspects of theory and practice.The paper observed the phenomenon existing in the pilot and found the problem to thinking about the causes,on the basis of further improve people's assessor system effectiveness and scientific nature to enhance the effect of legal practice,reveal substantial justice,procedural justice.The purpose of this paper is realizing judicial professional judgment and the cognitive daily organic unity of the masses,putting forward system consummation.Specifically,this dissertation is divided into four parts.Chapter One is based on the discussion of the system's value objectives.Based on the international trend of the jury system reform,it briefly introduces the Japanese referee system,the Korean national participation in the trial system,and the reform trend of Taiwan's regional review system.Generally speaking,many countries in the world the jury system reform procedures in the region are more open and transparent.The entity's point of view places more emphasis on substantive examination.The system itself is more integrated with social pluralism.The future jury system will continue to develop in the direction of localization,standardization,and diversification.The reform of the people's assessor system in the mainland is also the same.The concept of judicial democracy is the starting point and end result of the reform of the people's assessor system,as well as the internal motivation and external goals.The judicial public credit pursuit guidelines the People's Assessor System continues to self-improvement,and through the addition of procedural justice,the goal of demonstrating substantial justice is achieved.The independent exercise of judicial power is the soul of the reform of the people's assessor system.The assessors' understanding of the case reflects the perspectives of different social actors.It invisibly promotes good communication between public opinion and the judiciary,and can also supervise the judiciary to a certain extent effect.Chapter Two analyzes the reform of the people's assessor system in the current round based on a review of the institutional norms.First,starting from the history of the development of the people's assessor system,we will sort out the four stages of "the origin-destruction-recovery-development" of the development of the people's assessor system and explain the macro background of this round of reform.Secondly,through the brief statistics on the major events in the reform of the People's Assessor System,it is shown that the people's assessor system has a richer sense of the times under different historical conditions and it is worth continuing research and improvement.In the end,we will interpret the "People's Assessor Bill" that has already been issued and summarize the special practices of some provinces and cities,summarizing the overall situation of system reform.Chapter Three examines the effectiveness and problems of this round of people's assessor reform based on a study of the effectiveness of the system.This chapter is divided into two aspects: practice sample reflection and actual problem analysis.Through field visits,research questionnaires,and telephone interviews,the author examined the practical effects of the implementation of reforms of the people'sassessor system in different pilot courts.A preliminary conclusion is that the current major contradiction in the system of people's assessor has changed from "only to hear nothing" to "heard more",from "unmotivated" to "concentrated".Pilot reform has success but it is not immediate.The author finds that the pilot reform has the following problems: The first is the construction of the jury team-social awareness is not in place,there is a problem with the data source of the selected shake,there is a conflict between random selection and opinion solicitation,etc.;followed by the assessor function The aspects of play: insufficient depth of participation in examinations,lack of constraint mechanisms,unclear separation of duties and powers;and finally,the performance guarantee mechanism for performance of duties—the need to enhance the performance of duty,the need to safeguard the jury's power,and the imperfection of the withdrawal punitive mechanism.Chapter Four is based on the discussion of the system approach.From the three perspectives of the construction of the jury team,substantive participation,and institutional safeguards,it is proposed that the assessor selection level should be promoted,the assessor management system should be improved,and the parties' participation rights should be deepened.Strengthen the guiding role of judges,standardize the exit of assessor,punish the punishment mechanism,and strengthen the protection of duty performance so as to achieve the systemic effect,balance the judicial resources,and ensure the operation on the reform of the people's assessor system in all aspects.