The Research Of The Reform Of The People's Assessors' Powers Of Participation In Trial

In modern society,citizens' direct participation in public activities and the maintenance of social public interests are conducive to overcoming the disadvantages of representative democracy and also to ease the contradiction between "elite" and "mass"."Public participation" means not only the state's respect and protection of civil rights,but also the supervision and restriction of civil rights on state power,which is conducive to preventing the abuse of public power and ensuring that public power serves the public interest.Therefore,extensive participation of ordinary citizens in justice is an important way to achieve judicial democracy.The people's juror system with distinctive Chinese characteristics is an important measure and vivid practice that reflects the democracy and fairness of China's judicial system.In 2004,China initiated the first law on the people's juror system-the "Decision of the Standing Committee of the National People's Congress on Improving the People's Jury System"(hereinafter referred to as the "Decision"),which became the people's jury system Important basis.In2013,the Third Plenary Session of the Eighteenth Central Committee of the Communist Party of China explicitly stated that "the people's juror system should be widely implemented and the people's channels for judicial participation should be expanded." In 2014,the Fourth Plenary Session of the Eighteenth Central Committee further clarified that "thepeople's jurors will no longer be involved in the application of law and will only participate in the issue of fact determination".In April 2015,the "Decision of the Standing Committee of the National People's Congress on Authorizing the Pilot Work on the Reform of the People's Assessor System in Some Areas"(hereinafter referred to as the "Decision on Pilot Work")provided for the implementation of the pilot work on the reform of the people's assessor system.The legal basis.For this reason,the Supreme People's Court and the Ministry of Justice issued and issued the "Pilot Program for the Reform of the People's Juror System"(hereinafter referred to as the "Pilot Program")and the "Implementation Measures for the Pilot Work of the People's Assessor System Reform"(hereinafter referred to as the "Implementation Measures").The provinces,autonomous regions,municipalities and fifty pilot courts have comprehensively carried out the pilot work on the reform of the people's jury system.In April 2018,the Standing Committee of the National People 's Congress passed the “People 's Jury Law of the People 's Republic of China”.This is the first law in China since the founding of the People 's Jurors System.For the first time,he identified as a people's juror the rights and obligations of our citizens.However,after more than ten years of exploration in judicial practice,the original intention of the design of the people's juror system has not been realized.Not only that,but it has become a tool for many courts to solve the problem of large numbers of people and few people.There are very few cases that really play the role of jury.The problems of "jury without trial","trial without negotiation",and "speak without talking" have long existed,and the people's jury's right to participate in the trial has not been effectively exerted.It continues to be reduced to the "puppet" of judges,and the main function of the people's juror system-judicial democratizationcannot be realized.Although the People's Juror has many innovations and merits,there are many principles for people's jurors to participate in trials.There are no specific implementation rules,and there is not much guidance for people's jurors to participate in court trials,it cannot fundamentally solve the problem of "accompany without trial".This article analyzes the current legislative status of the people's jurors competence in China,compares the legislative history,finds the problems existing in the operation of the system at the emergence stage,and starts from the legislative,judicial,and performance guarantee aspects of the people's assessors competence.Analyze and explain the reasons for the problems related to the people's jury's right to participate in the trial from the aspects of the people's jurors themselves,the legislation,and the courts.Finally,it provides suggestions and countermeasures for the materialization of the people's jury's right to participate in the trial.Based on references to relevant literature,this article starts from a series of perspectives on the reform history,value orientation,functional positioning,existing problems,deep causes,and reform proposals of the people's jurors,combining theory with practical investigations of pilot reforms.Analyze the predicament,reasons and outlets of the people's jurors in terms of their powers to participate in the trial,with a view to enriching the study of the people's juror system.