System Of People's Assessor In China

Jury system, which is the most typical way to participate judicature for the common people in the modern society, has become the important content of Chinese legal system reform. Jury system originates from the West, and is separately called the jury system and the system of assessors in the Common-law and Civil-law countries. Although the two concepts, structures and characteristics are different, the value of judicial democracy, justice, authority restriction, populace wisdom and legal education tends to consistency, especially the value of judicial democratic idea is appreciated.While in China, the traditional culture of ethics and centralization, statue law and bureaucracy ,judicial system structure, have all led to the deficiency of democracy, moreover, the system of people's assessor, which was built in a special historical conditions, is based not on the judicial idea but on the political demand. Therefore, it is different from the said two system above, it has its own distinctive quality, which compasses that the choice scope of candidates is narrow, that the representativeness and right exercising are sufficient, and that the juror's management pattern consists with the personnel management.Although the system of people's assessor has many malpractices, it still manifests the judicial democracy and cannot be substituted in the current stage.Because of the historical tradition and social conditions, the value of the system of people's assessor can't consist with that of the Western.Just as Professor Su Li argued, the problems concerned must be analyzed in Chinese society reforming and judicial reform, the general western judical principle shouldn't be accepted without thought. The research of the people's assessor's system must also follow this way. Basing on the social reforming, we should reform and perfect it by localization ,make it creat the new " Chinese characteristic" functions in "the mysterious land".