Research On The Powers Of People's Assessors To Participate In Trials

The system of people's assessors is an important part of the socialist judicial system with Chinese characteristics.It plays a unique role in the construction of judicial democracy in China or in the supervision of people's justice.As far as the practice of jury system is concerned,the functions of jurors include the identification of facts of cases,and the main difference is whether jurors' functions include appling the laws.The scope of the Chinese people's assessors'function not only includes the identification of the factual part,but also the right to apply the law.From the perspective of the practice of the system,there are many "accompany without trial" or "trial without debate" phenomenon in the system of people's assessors because of the jurors' lack of professional knowledge in the process of participation in cases,which seriously affects the function of the system.In a word,the effect of the people's jurors in the case is not ideal.Based on the above situations,the "CPC Central Committee on promoting a number of major issues of the rule of law"(hereinafter referred to as the "decision")made in the fourth Plenary Session of the 18th CPC Central Committee proposed to gradually implement the function of the jurors participate in the trial of fact finding problems instead of applying legal issues.The "decision" made a major adjustment to the current functions of the people's assessors,and made a clear direction for the reform of the people's assessor system.Study on the people's jury trial authority separation mechanism will deepen the people's jury found in fact faced in recognizing the dilemma,and put forward practical solutions accordingly,and truly implement the role of people's jury in fact finding,to avoid the occurrence of "accompany without trial" phenomenon.Based on the practice of the pilot reform,this paper studies the status quo of the jury allocation,the reasons for reform,the difficulties of reform and the way of reform,and explores the paths and measures for the separation of fact and legal trial of people's jurors.The paper is divided into four parts.The first part summarizes the current situation of the allocation of powers of people's assessors,including the existing legal provisions,the problems existing in the merger of powers and the reasons for the reform.The second part analyzed the reform of the situation,the legal fact trial reform trial,the separation mechanism of confusion,problem on legal issues,and difficulty of distinguishing the facts issues.And the factual and legal trial separation may lead to the trial program,change the collegial panel composed,appraisal regulations etc..The third part is based on the analysis of the second parts as well as the investigation of foreign countries,the reform approach of the legal trial and the fact separation of the people's jury trial cases.According to the two law for the factual and legal distinction standard,problem list system application,the judge instructed the practice system and other aspects of the investigation and combining with China's practice of the system status quo,the general and suitable reform will be stripped out for our country to improve the path.The fourth part is about the research on the supporting mechanism of the people's jurors'independent and effective participation in the fact trial.Legal trial and fact trial reform is not an independent part,it is difficult to accomplish the real separation of the two by relying on their own role.It needs to consider the full range of the supporting mechanism,including the people's jury selection mechanism and exit mechanism,performance guarantee,disciplinary mechanism.