A Few Consideration On Setting Up People's Assessor System With Chinese Characteristic

Assessor system is of a procedure system of a case participated of non-professional jurisdiction personal through certain procedures set by state jurisdiction organization.On present society, assessor system is commonly recognized by many countries to protection jurisdiction justice, to develop jurisdiction democracy and management of state affairs by the people.On our country, we have the system of people's assessor systems, it's clearly stipulated by the law of the organization of the people's court and jury laws. For initiated trial, any cases except for some easy cases and other stipulated by the law.On 28th August, 2004 the 10th National Congress of the National Standing Committee adopted "The decision of implementation of the system of people' s assessor" On the decision, it gives the equal right of a lawyer. It shows that this system will continue in reform of this system will b a instant goal and content of our jurisdiction reform. Base on the about, this essay intended to study on it and raise the following four consideration:Part one, the present situation of our jurisdiction. Due to our huge population and of low education level, the quantity of civil cases is of high level. Many new cases are not familiar by lawyer, they need the help of assessor system.Part two, the present situation of the western jury system and their advantages and disadvantages.Part three, the consideration of set up our assessor system with Chinese characteristic.Firstly, it need to use criteria of value by common people to balance the right of state, to develop democracy and realize juristic justice.Secondly, from the point of view of the principle of people's democracy, reasonable of law and by long-term jurisdiction practise, it shows that this system suit to our "land".Part four, the construction of people's assessor system. The decision of the National Congress reflects the attitude of reforming from a new point of view to the assessor system used for half decade by our jurisdiction organization. The author gives his view on setting up the people's assessor system and so on.