On The Definition Of The Fact Trial Of The People's Assessors Participating In Civil Litigation

In order to change the present situation of the people's jurors "accompanying but not examining ",the reform of the people's jurors system has adjusted the jurors' power of reference to:the people's jurors and judges are jointly responsible for the determination of facts,and the judges are solely responsible for the application of the law.This new mode of power allocation is not only different from the jury system of the common law system,but also different from the system of the civil law system,which contains the legal trial.It is of great significance in expanding judicial democracy,realizing judicial justice,promoting judicial credibility,and promoting the reform of"trial-centered" litigation system However,in order to promote the reform of the people's jury system and realize that the people's jurors are only responsible for the problem of fact determination,there is an implicit logical premise,that is,how to distinguish the fact problem from the legal problem.This is a theoretical problem in itself,not to mention the domestic pilot reform is not ideal,the relevant extraterritorial experience is not suitable.In this way,the reform of the people's jury system seems to be deadlocked.However,the original intention of the reform of the people's juror system is to solve the problem that jurors do not review because of their lack of legal ability.Therefore,the distinction between factual and legal issues should be focused on what is appropriate for jurors to play a role in the field,without the need to obstinately draw a clear line between factual and legal issues.Therefore,on the basis of deeply analyzing the types of facts in civil trial,this paper defines the factual problems suitable for trial by jurors according to the value orientation of jurors' public opinion representatives.At the same time,the establishment of a list of factual issues system to link up,trying to solve the jurors under the examination of factual issues and legal issues to distinguish the difficult problem.