Investigation On The Participation Of People's Assessors

The relationship between public opinion and Judicature has become the focus of judicial reform in recent years,how to improve the judicial authority and the credibility of judicial judgment become the key of the national legal construction.How to vigorously promote the process of judicial democracy,correctly and effectively exert the role of the assessors,and realize the judicial democratic value of the assessors.It is a problem that the people's Court must solve in the period of social transformation to crack the challenge of litigation and vigorously promote judicial democracy.This article uses the empirical analysis method,draws lessons from the law sociology thinking mode,takes the GL court's juror's operation condition as the investigation blueprint,with;tlets the public opinion orderly enters the Judicature,lets the judicature embody the public opinion" as the value orientationrto the jury system judicial democracy value realization way to carry on the empirical research.Based on the research report,the paper thoroughly interviewed and investigated the parties,the public and the People's assessors,analyzed the prominent features of the sample court iin the selection and examination of jurors,and from the perspective of social awareness and social identity of the peopled Assessor system.Collection and application of the sample court juror system pilot refonm of the latest data and latest developments.From the angle of law sociology,this paper investigates the problems and causes of the reform of the assessors system:the asymmetry of the judicial information,mainly manifested in the absence of the jury's substantive right to participate,the non-coherence of the collegial panel's evaluation under the judge's auspices,the fact trial and the legal trial without distinction leading to the confusion of the legal judgment logic.Under the Pareto law,the inefficiency and weakening of the collegiate rules and the influence of the judges ' professional appeal on the people's Assessor system,etc.Deep reason is that the people's assessor system has insufficient response to the public's concern,which leads to the low enthusiasm of the public for their effective attention and participation,and it is difficult to dispel the tensions behveen the public trust and the populace.The parties and people's assessors have low recognition of the system of people's assessors,the trust of the people's assessors injudicial practice is not high,the jury is unwilling to participate in the trial,to varying decrees weakened the judicial value of the people's assessors svstem.and the deficiency of the people's jury system has further strengthened the social public's negative impression of its value.On the basis of investigating the problems and causes of the reform of the assessors system,this pape-puts forward the basic ideas of the possible reform direction of the assessor,s system,which is close to the trial practice and effectively promote the judicial democracy:to construct reasonable selection mechanism,to introduce the scientifie collegiate mechanism,to establish the party-centered litigation view and to innovate the jury operation mechanism.And concludes that:the mutual negotiation,exchange,commimication and discussion of the parties are the motive source of the continuous reform of the peopled assessors system,and the fhture People,s assessors system reform should be based on the expectation of the public.In order to realize the judicial democracy as the ultimate value goal,and correctly grasp the openness and completeness of the people's assessors system.The problem of the degree of tension between the system and the inclusiveness,constructs the independent juror system,advances the jury system reforn practice and the theory process unceasingly.