Research On Fact Determination Of People's Jurors

The Fourth Plenary Session of the 18th Communist Party of China Central Committee put forward that China will explore the gradual implementation of the people's assessor no longer considering the application of the law,only participating in the ascertaining facts.And then the Supreme Court and the Ministry of Justice jointly issued "people's jurors system reform pilot program",applying in the fifty pilot court trial.The purpose of this reform is to get rid of the phenomenon that the current system of people's jurors has become formulaie.It is a major opportunity and challenge for us to realize the value and function of the people's jurors system.Since the current people's jurors system plays a limited role,we may wish to boldly try new routes.Only calmly deal with new problems under the reform can the judicial reform get innovative breakthrough.This paper intends to take the way of visiting and interning to research the problem confronted in the people's jurors reform implementation.And it uses comparative method,historical method,value analysis method and other legal research methods.I'd like to provide a little reference text for people's jurors system reform by summing up the experience of the pilot courts,drawing up extraterritorial measures,responding to the problems in practice and offering personal suggestions.The first part of this paper begins with the meaning of the people's jurors system reform.And then it affirms the rationality of the pilot scheme to distinguish between the judges and the people's jurors.The second part discusses the current situation that the power structure is irrational,that the facts and the application of law is hard to differentiate,and that legal subsumtion is difficult.Then it analyzes the internal cause and external cause of the problem.The third part is to introduce extraterritorial jury pattern?the power structure?the corresponding supporting measures.Then it analyzes the feasibility of the experience measures combined with the current situations in the fifty pilot court trial.The fourth part puts forward some suggestions on perfecting ascertaining facts of the people's jurors in our country:Firstly,classify the case to confirm the corresponding rules and regulation.Secondly,change the single voting rules,and determine the reasonable number of people's assessor.The power structure should be differentiated by case type.Thirdly,From the perspective of pragmatism,we can deal with the ill-defined of referee matters through the sample list of questions and specific facts of the case.Finally,it is proposed to strengthen the construction of the jury system in our country.The organic combination of "popularization" and"elite" can provide dual dynamic for ascertaining facts.lt can help the fact ascertained smoothly dock with the application of the law.