Empirical Study On The Participation Of People's Jurors

The report of the 19 th National Congress of CPC pointed out that it is necessary to improve the institutional system in which the people are the masters of the country and to protect the people's right to know,participate,express and supervise.As an important part of the socialist judicial system with Chinese characteristics,the people's jury system is an important form of citizens' participation in judicial practice,and an important carrier for the realization of judicial democracy and judicial justice.With the promulgation and implementation of the Law of the People's Juror of the People's Republic of China on April 27,2018,the reform of the people's jury system in China has entered a new stage.As the first special law on the people jury system in China,its supporting system is still Need to be further improved,problems or deficiencies in judicial practice are gradually emerging.Among them,the participation of people's jurors in jury is worth studying.To this end,the thesis takes the empirical question of the people's jurors as the research object,and discusses the development and value of the people's jurors' participation in the trial,and the people's jurors participate in the judicial trial as the perspective of the people's jurors.And the role,in detail the status quo of the people's jurors' participation in the operation of the trial,analyze the relevant factors affecting the people's jurors' actual participation in the trial and the problems that arise in practice,and then propose the optimization path and measures to improve the people's jurors' participation in the trial.In addition to the introduction and conclusions,the paper is divided into five chapters.The first chapter mainly expounds the historical development,value orientation and legislative provisions of the people's jurors.By studying the legislative norms of the people's jury in China,the historical development of the people's jury system is discussed,the value of the people's jurors' participation in the trial is analyzed,and the relevant legislative provisions of the people's jurors are studied and discussed.The second chapter mainly conducts an empirical investigation on the operation of the people's jury system.On the one hand,it conducts an argumentation analysis on the random selection of the people's jurors,the scope of the case,and the work of the trial;on the other hand,it summarizes and organizes the "e-jury" software information system and the reform experience of the pilot court in the J district court of C city.Analyze the practice and feasibility of the people's juror system.The third chapter mainly discusses the plight of the people's jurors to participate in the trial.It analyzes the problems existing in the judicial practice of the current people's jurors,mainly puts forward the problems of the convergence of the old and new laws,the lack of substantive examination,the division of facts and legal issues,and the imperfect supporting mechanisms in the process of people's jurors.The fourth chapter mainly expounds the jury system of the Anglo-American legal system and the system of participation in the civil law system.Firstly,the relevant provisions of the jury in the Anglo-American legal system countries are examined,followed by the relevant provisions of the jury in the civil law countries.By learning from the relevant experiences of other countries,it provides an effective reference for the improvement of the jury system in China.The fifth chapter mainly puts forward some countermeasures to improve the people's jurors' participation in the examination mechanism.Mainly from the following four angles to make recommendations: First,the implementation of the "People's Jury Law" participation provisions,the second is to promote the random selection of the people's jurors,the third is to build a substantive jury system for people's jury,and the fourth is to improve the people's jurors Performance management and support.Therefore,through the above institutionalization,the effective participation of the people's jurors will be realized,and the standardization of the people's jury system will be promoted.