Research On Big Collegial Panel Model Of Jury System In Criminal Trial

In the judicial adjudication of our country,the phenomenon of "accompany without trial,trial without discussion" has long existed,mainly because the jurors are afraid to express their opinions due to their lack of professional knowledge and fear of making mistakes,and are dependent on the judge,seriously hinders the realization of the value of the people’s jury system.In order to eliminate malpractices,ensure that jurors participate in the judiciary,and give full play to the functions of jurors,the Fourth Plenary Session of the 18 th CPC Central Committee issued the Decision of the CPC Central Committee on Several Major Issues Concerning Comprehensively Promoting the Rule of Law,which proposed the reform direction of gradually implementing the people’s jurors only participate in the trial of factual issues,so as to ensure the substantive participation of people’s jurors.After that,50 pilot courts nationwide launched a three-year reform pilot.In 2018,the People’s Juror Law of the People’s Republic of China was officially promulgated,which established the trial system of the collegiate bench in legal form.The jurors and judges are jointly responsible for the trial of factual issues,and the judges are solely responsible for the trial of legal application issues.However,any reform is not achieved overnight,and there are still many problems in the reform of the people’s jurors’ functions and powers.It mainly includes: the random selection mechanism of jurors has not been implemented;The scope of application of the trial system of the collegiate bench is vague;In judicial practice,there is no clear distinction between factual and legal issues;The judicial responsibility and appraisal mechanism need to be improved.The above problems have caused the trial system of the grand collegiate bench to fail to achieve the expected results and cannot fundamentally solve the problem of "accompanying without trial".On the basis of referring to relevant literature,combined with theory and the actual situation of reform,this article is based on the background of China’s reform of the trial authority,sorts out the legislative status of the Criminal Grand Council,identifies the problems in the operation of the system at the current stage,and analyzes the reasons for the formation of the problems.Finally,drawing on relevant theories and experiences from abroad,we propose a specific improvement plan for the trial system of China’s criminal collegial panel,in order to achieve the reform goal of substantive participation of jurors.