Research On The Separation Mechanism Of "legal Review" And "fact Review"

The basic people's courts are not only the main force in the comprehensive management of public security,but also the bridge and link between judicial work and the masses,and the people's jury system embodies judicial democracy.It is an important political and legal system that allows people at the grassroots level to participate in justice,witness justice,and supervise justice.The promulgation and implementation of laws can not be separated from society.If they are separated from society,the life of law and justice will be exhausted.It is because of the existence of non-professional people's jurors that this defect has been avoided.However,jurors are not professional judges after all.Most cases are controversial whether they are in terms of factual findings or the application of the law.Otherwise,the parties will not help the judiciary.Whether non-professional jurors can complete his mission is a problem.If not,So to give it the same rights as a judge will affect the quality of the jury,so what degree of power should jurors be given to participate in the judiciary is appropriate?This is a problem worth discussing.The jury system in the Anglo-American legal system only gives jurors the power to determine the facts,while the trial system in the civil law system also gives jurors the power to determine the facts and apply the law.Before the judicial reform,China referred to the civil law system.The system of trial,People's jurors have the same power as judges.After the People's Jury Law was promulgated,the people's jurors 'power in the three-member collegial panel and the seven-member collegial panel was distinguished.However,in judicial practice,people's jurors due to lack of legal knowledge and other reasons have led to the formation of legal trials.How to improve the quality of the people's assessors needs to have a deeper understanding of the background,evolution process,and existing problems in the operation of the people's assessors system in order to solve the current confusion in the factual and legal trials of the people's assessors system.The reality problem.Since society can no longer accept the formal jury mechanism.we should make full use of the special status of the people's jurors and the way of thinking of the people to exert the greatest energy of the people's jurors within a limited range,and draw on the way in which the jury and the judge exercise different functions and powers in the American jury system.Let our people's jurors no longer rely on the legal knowledge of the judges,no longer submit to the authority of the judges,do things that can not be done,and act as judges,but should rely on their own knowledge and feelings to express their opinions to the court.In the current trial practice,the confusion between the actual trial and the legal trial of jurors has led to the phenomenon that has always been criticized in the running of the jury system.The reason for this phenomenon is that it is still difficult to distinguish between factual issues and legal issues,the confusion and overlapping of jury powers,and the imperfect rules of the judges 'guidelines.In order to obtain the expected effect of the separation of factual trials and legal trials,the self-perception of jurors should first be stronger.Changing the bias of professional judges,at the same time,by repositioning the jury's jury power,improving the rules of the judge's guidelines,and more importantly,redefining the scope of the factual issues solved in the jury jury process can clarify the relationship between factual trials and legal trials.Thus,the separation of the de facto and the de jure trials will give greater play to the role of the jurors in judicial trials.This is also the reform direction of the people's jurors who have to participate in the trial from the same time to the only participation in the de facto trials.