Research On The Separation Mechanism Of Legal Trial And Fact Trial In The People’s Jury System

The establishment of the people’s jury system plays a very important role in safeguarding judicial justice and realizing the people’s supervision of trial.Although people’s jurors are of great significance in promoting judicial democracy and justice in our country,they also expose its shortcomings in many aspects.At present,the judicial reform in our country is in full swing.The reform of the people’s juror system plays a very important role in it.It is listed as a very important reform in all kinds of pilot reform of investigation and research,which deserves our judicial practitioners’ attention and discussion.On April 27,2018,the Standing Committee of the National People’s Congress considered and passed the People’s Jurors Law of the People’s Republic of China(referred to as the Jurors Law).The Jurors Act has undergone some reforms,among which the establishment of a fact-based trial is more noticeable.It stipulates that in a collegial panel with jurors,jurors and judges are jointly responsible for the determination of facts,but jurors do not participate in the adjudication mechanism for voting on legal issues.People’s jurors’ participation in trial cases is mainly divided into two organizational forms: one is the three-person collegial panel,the other is the seven-person collegial panel.When people’s jurors participate in the trial of a case in a three-person collegial panel,they have the same trial rights as judges except as presiding judges,that is,they have the right to read papers before the court,to participate in investigation during the trial,to question witnesses and parties during the trial,and to vote with judges on one person and one vote in the negotiation process.When participating in a seven-member collegial panel,people’s jurors enjoy all other rights to perform their duties in a three-member collegial panel,except that they have no right to vote on legal issues in the case under negotiation.In the process of trial,the people’s assessors divide the work among judges.The fact of a case is the joint responsibility of judges and assessors.The difference between the two is that jurors do not have the right to vote on legal issues.In the process of research,this paper makes a deep analysis on the mechanism of fact separation and legal trial separation in the people’s jury system.Aiming at theproblems and difficulties in fact identification of jurors,this paper puts forward relatively effective methods,hoping to play a role in fact identification of people’s jurors and change the current phenomenon of "accompany without trial".In the process of writing this paper,based on the relevant provisions of the jury law,combined with the theory of the separation of juror’s legal trial and factual trial,the necessity and feasibility of the separation,and some confusion and practical paths in the reform,etc.,will be presented,in order to contribute to the healthy development of our people’s jury system.Because this article mainly refers to the jury system of the extraterritorial common law system,it mainly focuses on the mechanism of the separation of legal trial and factual trial in criminal cases.