| In recent years,with the remarkable effect of the reform of the People’s jury system,the People’s jurors play an increasingly important role in judicial activities.With the promulgation and implementation of the relevant code of the People’s jury system,the significance and function of the people’s assessors in the trial cause much concern and discussion.However,from the judge to the people,there is still more or less uncertainty and uncertainty about the ability of the people’s jurors in fact trial and their legal professional accomplishment.The purpose of the construction of Judge’s guidance mechanism is to provide the people’s jurors with legal guidance so that they can participate in the quality of the trial activities,and the role of people’s jurors in trial activities is expounded.The topic of judicial guidance under the people’s jury system was one of the major topics and focuses of the Supreme People’s Court in 2019.The mechanism was first proposed in 2010.With the common development of the People’s jury system,the People’s jury system has played an advantage in the reform of the People’s jury system.<The People’s Jurors Low>,promulgated and implemented in April 2018,introduced a trial mode in which people’s jurors in a seven-member panel do not participate in the voting on the application of the law,on the basis of the original trial mode of people’s jurors,at the same time,the guidance obligation of the judge has also been clearly stipulated.In October of the same year,<The Criminal Procedure>,which was adopted and promulgated,deleted the provision that the people’s jurors had the same power as the judges from the original text,and adjusted the litigation status of the People’s jurors.<Supreme People’s Court’s interpretation on the application of the People’s jury law of the People’s Republic of China>,which came into effect in May 2019,contains detailed provisions on the making of a list of facts by a seven-member panel and on the difficulties in distinguishing fact from law.2021’s <The Supreme People’s Court on the application of criminal procedure> provides different trial options for the full participation of people’s jurors,and clarifies the terms of reference for people’s assessors to participate in trials.Nowadays,the development of the People’s jury system has entered an important stage,and its reform and innovation have not only realized the value of people’s assessors,but also brought many challenges to people’s assessors,all these provide a good opportunity for the construction of Judge’s guidance mechanism.In the development of the People’s jury system,the judge’s guidance has appeared in different forms,but in the end,the system is not formal and the system is not perfect.Right now,our country’s judge guidance mechanism does not have the relatively perfect system frame.In the process of the construction of Judge’s guidance mechanism,the problems of legal history,fact and law are difficult to be distinguished,and there is no remedy when improper guidance appears.Based on the analysis of the significance,the development process and the scope of authority of the People’s assessors,this paper theoretically analyzes the existing significance of the judge’s guiding mechanism in China,by analyzing and drawing lessons from the relevant systems of the two major legal systems on the guidance of judges,and combining with the reality of the development of the People’s jury system in China,this dissertation summarizes the problems existing in the construction of Judge Guidance Mechanism in China,the construction of Judge’s guiding mechanism should be improved from three aspects: Perfecting the system content,clarifying the guiding points and clarifying the relief methods. |
