Study On The Relationship Between The Professionalization Of Criminal Justice And Citizens' Access To Justice

China's judicial reform has proven that judicial professionalization is an inevitable road for based on China's reality and western development of rule of law.The professionalization of criminal justice is the subordinate concept of the judicial professionalization.Its connotation is more concrete than the judicial professionalization.It is the concrete reflection of the judicial professionalization in the criminal justice field.Because the criminal law involves in the freedom and life of the accused,the standard of the professionalization of criminal justice is the highest in the judicial professionalization.The professionalization of criminal justice,based on the criminal judge,is necessary because: firstly,the criminal judge knows much about the criminal law and the regularity and the particularity of the criminal justice;secondly,the criminal judge can work more rationally and abide by rules more strictly instead of being disturbed by emotions during a trial due to the professional training the judge has received previously;thirdly,the team of professional criminal judges is needed to exercise the judicial power legally and independently.At the same time,the high professionalization also exposes many serious problems such as the judicial corruption,occupational closure and the alienation of public opinion,etc.Therefore,it is necessary to find other ways to prevent and improve them.The citizens' participation in judicial actions is one of the important ways.The citizens' participation rights in judicial actions mainly refer to the rights of common people in a country to participate in a certain legal practice directly or indirectly with a specific identity in a specific way to make a case solved in line with the public opinion and more impartially.The way of citizens' participation in judicial actions includes direct and indirect participation.Among them,the people's assessor is the most important way for citizens to participate in the judicial adjudication directly.On April 27,2018,People's Assessor Law of the People's Republic of China was issued.Later,the Supreme People's Court published relevant judicial interpretations.The people's assessor system has become more and more important in our country.When the people's assessor participates in criminal justice,he or she can make up for the deficiency of the judge's knowledge with his or her rich social experiences.Meanwhile,the people's assessors can supervise the judge's trial.The system makes it possible to add the common view of the public to the trial,which can,to a certain extent,solve problems arising from the professionalization.At the same time,the public's participation in the judicial actions can also publicize the law.The relationship between the professionalization of criminal justice and the citizens' participation in the judicial actions is not either this or that and black or white.Instead,they can supplement each other and promote together.Both of them are equally important in terms of legal construction.It is not necessary to discuss which one is more important.Under the current background of the professionalization of criminal justice,there are still many difficulties for citizens to exercise their participation rights in judicial actions in accordance with the people's assessor system.The thesis will further reveal these problems.Meanwhile,based on the analysis on people's jury systems abroad,the paper aims to illustrate the necessary reform model and specific reform measures during the development of the professionalization of criminal justice and citizens' access to justice on the basis of foreign experience,thus contributing to the joint development of the professionalization of criminal justice and citizens' access to justice in the process of judicial reform.