Study Of The Participation Of People's Assessors In Determining The Facts Of Civil Cases

The system of people's assessors is an important means for ensuring citizens participate in judiciary and realize judicial justice.However,the judicial tradition to distinguish the determination of facts and the application of law has been deficient in China and the people's assessors are incompetent to participate in the trial.Thus,the Law of the People's Assessors initially sets up the jury mode of collegial panel composed of seven persons and makes it clear that the people's assessors are merely entitled to voting on determining the facts,which is good for them to bring their advantage of acknowledgment into full play.The determination of the facts of civil cases is a confirmation of the facts of a case yet to be proved.It should contain the facts yet to happen,the subjective cognizance of the doer and the conclude facts.As to the distinction of the determination of facts and the application of law,the standards of practical distinction should be adopted and be supported by the list of questions for determining the facts.In addition,the scope of function and power for the people ' s assessors to participate in trial should be made definite.However,there are a lot of deficiencies in current legislation on the people ' s assessors 'participation in determining the facts of civil cases.The scope for the participation in trial needs to be refined.The rules of the judges 'instruction are inadequate.The rules for appraising the case through discussion are unreasonable.The problems above make the people ' s assessors effectively participate in trial very difficult.Therefore,the procedures for participation in trial in every stage,such as the pre-trial preparation,the trial and the deliberating of the collegial panel should be reasonably established and the supporting mechanism of listing thequestion for the determination of facts and the judge's instruction should be improved.The study of the participation of the people's assessors in determining the facts of civil cases is helpful to promote the people ' s assessors to participate in trial actively and effectively.Meanwhile,it will provide procedural guarantee for the people ' s assessors to impartially decide the determination of facts of civil cases.