Research On The Separation Mechanism Of Fact Trial And Legal Trial Under The People's Assessor System

Since the establishment of the people's jury system in China,many problems have arisen in practice.In order to solve the problems in practice,on April 27,2018,the People's Jury Law of the People's Republic of China was promulgated,which stipulates the separation of factual trial and legal trial in the seven-member collegial panel.This is the people's juror system of the separation of factual trial and legal trial established in our country from the legislative level.Jury system design around the world,AngloAmerican law system has always followed the jury system is only to determine the facts,judges only apply the law.Although the reform measures of separating fact trial from legal trial in our people's jury system differ from jury system in terms of power distribution,rules of procedure and selection mechanism,it should be noted that the Anglo-American jury system has been in operation for hundreds of years and has formed a set of mature rules of system operation,among which the system design is worth the fact of our people's jury system.We should draw lessons from the separation of trial and legal trial.From the perspective of comparative law,this paper will analyze the operational logic of jury in Anglo-American law system in detail,in order to explain the construction of the separation mechanism between factual trial and legal trial for Chinese people's jurors,and try to put forward some suggestions on the improvement of the separation mechanism between factual trial and legal trial under the people's jury system in China.The first part of the thesis reviews the background and reasons for the separation of factual and legal trials in China.The concepts of factual review and legal review are elaborated in detail.Starting from the problems existing in the past people's jury system in China,the background of the reform of the people's jury system in China is systematically reviewed,and the reasons for the separation of the factual and legal trials in China are discussed.The second part starts from the separation of factual review and legal review,and discusses possible problems after the separation of factual review and legal review,including the distinction between factual and legal issues,and the jurisprudence of jurors.People's jurors may face problems in the process of separation of facts and legal trials.The third part is based on the idea that the stone of other mountains can attack jade,systematically inspects the solution to the related problems of the Anglo-American jury system,from the scope of application,the rules of procedure,the selection system,the adjudication of the court,the adversarial lawsuit,the evidence display,the judge's instructions.This paper elaborates the operation mode of extraterritorial jury system from various angles such as the list of problems,and proposes the enlightenment and reference for the operation of the people's jury system under the separation of the factual and legal trials of the Chinese people's jurors.In the fourth part,based on the related issues raised in the second part,combined with the experience of extraterritorial jury system,the author puts forward relevant suggestions for the separation of the factual and legal review mechanisms under the Chinese people's jury system,including theoretical obstacles,practical obstacles and institutional obstacles.Prospects for the follow-up development of the people's jury system in China.