Research On The Reform Of People's Juror's Participation In Trial

With the reform of the judicial system in our country,great changes have taken place in people's juror system also,since April 27,2018,after the act of people's assessors formally promulgated,four major change have taken place in people's juror system,is one of the transformation: the people's jurors participate on functions and powers by the comprehensive than before to change only participate in the trial of the facts.People's assessors and authority,the reform of trial of our country is according to the different types of collegial panel,in the heart of the collegial panel collegial panel and seven three functions and powers of the people's assessors to distinguish,one in three people family people's assessors shall enjoy the power of acknowledgment and applicable law to the facts of a crime,they can be independent opinions and exercise their voting rights.In a court of seven,the people's assessors shall have the right to vote only on the facts of a case and shall not vote on the application of law in a case.The reform of the functions and powers of the people's juror makes the mode of the functions and powers of the people's juror and the judge change from the former mode of "the same function and power" to the dual mode of "the same function and power" plus "the separation of functions and powers",from then on,the people's juror exercises its functions and powers according to different types of collegial panel.When the functions and powers of the people's assessors are combined,the people's assessors and the judge sit together at the trial seat and exercise the right to vote on the facts and application of the law.However,although people's jurors participate in trials,their jury value is very little.In the past,for a long period of time,people's jurors always "accompany without trial" and "cooperate without discussion".Judges still occupy a strong position in courts,and the system of people's jurors is almost non-existent.In order to solve this problem and realize the substantial participation of the people's juror in the trial,the legislature of our country has reformed the people's juror's functions and powers in the trial.By separating their functions and powers,the people's juror can give full play to its own advantages in fact finding,thus promoting the realization of judicial democracy.This paper mainly focuses on the reform of the functions and powers of Chinese people's jurors in trial.The paper is mainly composed of five parts.The first part is the significance of the topic and the literature review at home and abroad.Changes of people's assessors and trial authority are the most significant part of the people's juror system reform,the reform is on the basis of people's assessors authority reform pilot,so through the analysis of domestic and foreign scholars on the subject of research literature,to understand people's assessors and the meaning of trial functions and powers and the lack of reform.The second part is about the specific manifestation of the people's juror's power to participate in the trial in various historical periods.In the late qing dynasty,the British jury system was transplanted to China,and the jury power in the Anglo-American law system was also imitated by the jury power in the judicial system in the late qing dynasty.During the great revolution,especially during the war of resistance against Japan,the people's jury system was improved and developed in most of the base areas.After the founding of the People's Republic of China,various judicial systems have been improved and developed,among which the people's jury system has been gradually developed by summarizing experience in judicial practice.However,with the social progress and economic development,there are some problems in the application of the functions and powers of people's jurors in judicial practice.In order to solve these problems,China's legislature has to reform the functions and powers of people's jurors.The third part is the background of the reform of people's jurors' functions and powers,the breakthroughs made in the reform and the significance of the reform.While the rapid development of digital economy has brought great convenience to all walks of life,it has also brought unprecedented new forms of contradiction to the society,which have accelerated the pace of judicial system reform.In addition,the combination of functions and powers of the people's juror makes the juror often take the judge's opinion as the criterion in the trial,and he is unwilling or afraid to express his opinion and exercise his functions and powers.In order to comply with the development of society and change the dilemma of people's juror "accompany but not trial",the reform of people's juror participating in trial is imminent.The reform separated the functions and powers of the people's jurors in the trial,that is,the "trial of facts" and "trial of law".In the grand collegial panel,the people's jurors only independently express their opinions on the determination of facts and exercise the right to vote,and they do not have the right to vote on the application of law in the case.The fourth chapter is about the problems existing in the application of the functions and powers of the people's juror in the judicial practice after the reform.In a three-member collegial panel,the people's juror and the judge "have different responsibilities with the same power".The duty of guidance of the judge increases the burden of the trial.The people's assessors' participation in the trial does not solve the problem of "too many cases and too few" in the court,but increases the burden of the judge's trial.In the fifth chapter,Suggestions are put forward to improve the mechanism of people's assessors' participation in trial,including the reasonable definition of "factual trial" and "legal trial",the establishment of people's assessors' accountability system,and the refinement of the functions and powers of people's assessors' participation in trial.