Research On The Selection System Of People’s Assessors In China

The people’s assessor system is a bridge between society and justice,which can better reflect the people’s mastery of the country.As ordinary members of the masses,people’s assessors naturally have the color of "people’s nature".The selection system,which is the basis of this system,guarantees its institutional vitality.With the successive promulgation of China’s People’s Assessor Law and relevant judicial interpretations and measures,in view of the new situation of judicial reform,this paper mainly studies the actual operation effect of China’s current people’s assessor selection system,discusses the specific problems that have emerged in the selection and appointment work in recent years,and at the same time,is problem-oriented,puts forward some feasible countermeasures and suggestions,in order to let the public truly understand the judicial system,be willing to participate in judicial work,and then give full play to the maximum value of China’s juror system.In addition to the introduction and conclusion,this article is divided into four parts.Part Ⅰ: Taking the evolution of China’s people’s assessor selection system as the starting point,this paper studies and describes the people’s assessor selection system in two periods.This paper summarizes the value pursuit of the people’s assessor selection system in China and summarizes the characteristics of the system,which lays a theoretical foundation for the subsequent research.Part Ⅱ: Through the examination of the paper literature,the extraterritorial system of jury selection is investigated,and through the study of the major countries of the two major legal systems,represented by the United Kingdom and the United States of common law countries and the representatives of Germany and Japan in civil law countries,the selection process,exit mechanism,and selection conditions of the specific selection system of mainstream countries outside the region are studied,and the gains and losses of their systems are summarized,so as to draw references and enlightenments that are beneficial to China’s system.Part Ⅲ: problem-oriented,while citing some sample data,in-depth analysis of the problem of China’s people’s juror selection system.Six problems were listed separately:First,the proportion of the current selection method still needs to be improved,resulting in the proportion of people with enthusiasm for participating in the election being limited by the proportion of the selection method,while a large number of people who do not have enthusiasm to participate in the jury team often refuse to participate in the trial for various reasons after entering the juror team through the random selection mechanism;In addition,there are insufficient ways to supplement professional jurors through the two methods of individual application and organizational recommendation,making it difficult for randomly selected people’s jurors to meet the needs of some of China’s more professional trials.Second,the selection criteria and personnel structure are unreasonable,and in the jurors’ team,there is often a certain proportion of party and government personnel with special status,compared with the population base,the incongruity with the proportion of the ordinary people hinders the effective realization of the value goals of the people’s jury system to a certain extent;In addition,the selection criteria are relatively strict,making it difficult for a considerable part of the masses to be included in the scope of selection.Third,the supporting system for the selection and appointment of jurors is not perfect,which is mainly reflected in the lack of scientific and reasonable training mode and insufficient subsidy guarantee,which to a certain extent affects the enthusiasm of the masses to participate in elections and the efficiency of jury trials in China’s judicial practice.Fourth,the withdrawal mechanism is not yet perfect,and many jurors who are in fact unable to perform their duties effectively cannot withdraw in time,resulting in a waste of a large amount of judicial resources.Fifth,the selection process lacks randomness,which is reflected in the phenomenon of full-time jurors and the lack of randomness in the selection of individual cases,and randomness needs to be further strengthened as the guarantee of the jury selection system.Sixth,the administrative tendency of juror selection makes the court too involved in the selection work,resulting in the difficulty of realizing the effectiveness of jurors’ supervision over the judiciary.Part Ⅳ: On the basis of the empirical analysis above,in order to solve the above problems and improve the selection system of people’s assessors in China,the following countermeasures are proposed: The first is to adjust the proportion of selection methods,and broaden the channels for the masses with enthusiasm for participating in elections by adjusting the selection ratio of self-recommendation and organizational recommendation,and the second is to increase the supplement of professionals through the above two selection methods to meet judicial needs.The second is to optimize the selection criteria and personnel composition,and efforts should be made to optimize the proportion of personnel composition and ensure that the selection criteria are appropriately relaxed.The third is to establish and improve relevant supporting systems,innovate and improve juror training models and improve the way subsidies are issued.The fourth is to establish and improve a long-term exit mechanism,such as clarifying and detailing the reasons for leave,and adding a juror evaluation mechanism.The fifth is to ensure the substantive random selection,shorten the term of office of jurors in the face of the phenomenon of full-time,and in order to ensure the realization of random selection in individual cases,a classification management mechanism for jurors should be added to strengthen the participation of the parties.The sixth is to reduce the participation of the court in selection and change the appointment system to a filing system,in order to reduce the court’s dominance of the selection work,reduce judicial administrative interference,and truly realize the connotation of random selection of jurors.