Research On The Guarantee Mechanism Of Substantive Jury For People's Assessors

The development of the system of people's assessors in China has long been faced with the dilemma of insufficient substantial participation of people's assessors,which has restricted the realization of various important values of the system.Based on empirical research,the author finds that there are three main factors that affect the substantial jury of jurors,namely people's jury willingness,people's jury ability and the system space for people's jury function to play.On this basis,the author explores the problems of the existing guarantee mechanism of people's juror substantive jury trial,and on the basis of drawing lessons from the jury system in the United States,puts forward some Suggestions to improve the guarantee mechanism of people's juror substantive jury trial in China.The study found that the existing safeguard mechanism has the following shortcomings:first,the jury function is difficult to play its role in essence due to the diversification of jury function,which is manifested in the lack of rigid procedure safeguard mechanism for the exercise of jury's cognization of fact and the lack of professional ability foundation for the exercise of jurymen's application of law.Second,the lack of external incentive leads to the low enthusiasm of the jury,which is embodied in the imperfect economic security,the insufficient feedback of jury effect,and the imperfect honor and commendation mechanism.Third,the imperfection of the assessment results in the formalization of jury behavior,which is manifested in the single supervision subject and the single supervision form.The author believes that the existing security mechanism can be improved from the following aspects:first,and improve the mechanism of rigid jury program prompt effective carry on the function about the fact that people's assessors,which need to be established by court before marking mechanism,enhance the effect of the judge to guide and optimize the evaluation rules of people's assessors system.The second is to improve the supporting incentive mechanism to mobilize the enthusiasm of jurors,in this respect,we should consider to strengthen the economic security of people's jurors,the construction of the feedback mechanism of the verdict,expand the jury typical cases of social publicity and other system construction to achieve.Third,it is necessary to perfect the supporting assessment mechanism to regulate the jury's behavior,which involves the introduction of the parties and the society's supervision,and the realization of the system construction from paying attention to the result supervision to the in-process supervision.