Research On The System Of People’s Juror Selection And Appointment

The Law of the People’s Assessors is the first law in China to systematically stipulate the system of the people’s assessors.It establishes the mechanism of random selection,enlarges the channels of the masses’ participation and further strengthens the foundation of democratic justice.At the same time,the law established a dual jury court to distinguish the facts and the law,gradually realizing that jurors only participate in the fact finding trial,and no longer try the application of the law.Who is the jury is the basis of the good operation of the people’s jury system,and is also the guarantee of the orderly performance of the jury and the good jury effect.The people’s jurors selection and appointment system is the most direct form for citizens to participate in the judiciary and feel the justice of the judiciary.It should reflect the spirit of judicial democracy,protect the masses to effectively exercise the right of judicial supervision,and break the monopoly of the judicial elite class on the judicial power.Therefore,the selection of jurors standard should be more accessible,to ensure that citizens of a wider range of opportunities for people’s assessors,the social experience and life common sense to introduce the judicial trial,make up the knowledge of professional judges defects,show the fuzziness and uncertainty of the trial to the ordinary people,enhance their judicial trust and thus improve the judicial authority.However,through the empirical investigation of the operation status of the people’s jury selection and appointment system in L District Court of S City,it can be seen that there are still many problems in the system.Due to the lack of legal culture of the jury system and the low recognition of the system,at the present stage,the phenomenon of citizens’ enthusiasm for participation is not high,the absence of duty or random jury is very prominent,and the randomness of the selection of people’s jurors is not sufficient.At the same time,because under the influence of traditional ranking of culture in our country,the defect of system design,emphasize to improve the legal quality of the jurors blindly to ensure that the jury effect,thus to the selection of judges and juries management,set up the selection of high qualification standard,lead to selection bias elite,representative of people’s assessors.In addition,as the operating subject of the system,the court does not fully understand the function of the system and ignores its important significance in the political system.Due to the lack of power to implement the random selection mechanism,coupled with the management of jurors is not in place,a large number of professional jurors or resident jurors have been born under the realistic dilemma of a small number of jurors.As an important part of the judicial system of socialism with Chinese characteristics,the system of selecting and appointing people’s assessors should first be a political system and a form of expression of people’s sovereignty.Therefore,the noumenal function of the system is to ensure that ordinary people can directly participate in judicial adjudication,and to supervise and restrict judicial power to prevent judges from eating out.It is precisely because of the fuzzy function orientation that the jury system will be dissimilated.In this regard,the current system of selecting and appointing people’s assessors should return to its political significance and innovate the mechanism of coordinating and guiding the selection and appointing of administrative organs by the Standing Committee of the People’s Congress.In order to maintain relative independence from the people’s assessors,the grass-roots courts should no longer participate in the general selection and appointing work.At the same time,in order to speed up the efficiency of selection and appointment,the appointment system should be changed to the record system,and the Standing Committee of the National People’s Congress should publicize,coordinate and guide the expansion of the group scope of the sources of jurors to ensure sufficient representativeness and universality.In order to realize the value function of judicial democracy,the selection qualification should be reduced,so that more grass-roots people have the opportunity to participate in the trial,the selection age should be reduced to18 years old,and the selection education should be reduced to junior high school,and the term of office should be shortened to 2-3 years,to speed up the circulation of personnel,so that legal education in-depth grass-roots.In order to ensure the random selection of individual cases,people’s assessors should be selected according to the proportion standard of the number of cases,and the scale of assessors should be expanded to meet the practical needs.Secondly,the National People’s Congress should supervise the selection and appointment of juror cases to prevent the court from changing the juror arbitrarily.In order to improve the enthusiasm of the people’s assessors,the subsidy standard can be raised.Change the training mode to enhance the confidence of the juror;Special administrative departments have been set up to strengthen the daily management of people’s assessors,protect their right to participate in trials and improve their sense of belonging.