Research On The System Of People’s Assessors In China

The system of assessors is an important judicial system, which has been favoredby many countries for the value and function contained and represented. Since theimplementation of the system of people’s assessors in China, many problems whichdeserve further improvement have appeared for the imperfect legislation and theself-defect of judicial system etc. As the writer has been working in the court for morethan ten years, the two pieces of previous work of people’s assessors have beengained some understanding. And as the writer has been working on the managementof people’s assessors for recent tree years, they are better understood for backgroundand evolution of this system, institutional features, problems appearing in theoperating process, assessors’ screening, appointment, management, evaluation andtraining and system guarantee. Thus, Research on the System of People’s Assessors inChina is selected as the topic, discussing on the system of assessors on two aspects ofre-understanding and re-practice. Based on the comprehensive study on the historicaldevelopment of system of assessors, from the angle of real evidence, advantages anddisadvantages, especially the existing main problems in the operating process of thesystem of people’s assessors in China, such as legal rule, representativeness,management, treatment, development and the term of service etc., are analyzed in thispaper. Meanwhile, specific and perfect countermeasures are proposed according tothe problems.This paper tries to make breakthroughs on two aspects. One is re-understanding.Taking the building of harmonious society of China as background mainly, the valueand function of the system of people’s assessors are understood and acquired to showthe characters of epoch and advancing with the times. The other one is re-practicewhich is different from the practice situation of system of people’s assessors beforeissuing the Decisions. In conformity with eleven researches on basic-level people’s courts, the problems existing in the operating process of the system of people’sassessors are investigated, and concrete approaches used for improving and perfectingthe system of people’s assessors are designed on three aspects: legislation, judiciaryand society.In order to secure the scientificalness and effectiveness of arguments, this paperpays attention to the combination of universal study and study of context, normativeanalysis and empirical study with the openness of research vision andcomprehensiveness of research method. Meanwhile, the problems posted areanalyzed and proved based on the methods of concept analysis, historical analysis,comparative analysis and empirical analysis etc.The paper falls into four parts. In the first part, the significance of the system ofpeople’s assessors is introduced, and three characteristics of democratic system,which are the possessed nonprofessional type, popularity of social participation andboth judicial system and democratic system, are analyzed, illustrating the feasibilityand necessity of the system of people’s assessors in China. In the second part,analysis is done on the aspects of formation and evolution of the system and a fewviewpoints of principles. This system is fully proved to be the most scientificallysound selection and an important measure used for advancing reformcomprehensively and promoting the judicial democracy. The re-understanding of thevalue and function of the system of people’s assessors is also illustrated in this part.In the third part, from the angle of empirical research, the operating condition of thesystem of people’s assessors and problems existing in operating practice are discussed.Some problems emerging in the operation of the system of people’s assessors arefocused in this part. These problems are about the insufficient legal rules, insufficientrepresentativeness, ambiguous management and regulations, poor implement ofpayment, unreasonable terms of service and imbalance of jury duty etc. In the fourthpart, in light of the China’s actual condition, legislative basis is put forward byestablishing the constitutional basis, perfecting special legislation and strengtheningthe functions and powers etc. Judicial guarantee is emphasized on by making soundmanagement mechanism, increasing training, improving the method of managementand perfecting the system of accountability etc. The importance of social environment is intensified by creating political environment, cultivating the consciousness ofacting as assessors for public and the popularity of choosing the people’s assessor.The judicial system is ensured by guaranteeing the funds, fulfilling the payment andremoving interferences etc. These specific reforming paths are met and considered inworking practice and are looking forward to be further resolved, hoped to offerreferences for the improvement and perfection of the system of people’s assessors inChina.Though all kinds of problems have been existing in the operating process of thesystem of people’s assessors for nearly seven years, the character of epoch of thissystem can not be ignored. The value and function of this system play important rolesin realistic judicial reform. Furthermore, with the improvement and perfection inpractice, this system will become an essential part of building a legal system for aharmonious society gradually, which is an important measure of the reform of judicialsystem in China, an important channel of strengthening social supervision andunblocking the will of people, and especially an important manifestation of judicialwork of people’s court for people and judicial justice. The system really has animpact on reducing the pressure on judicial trial, alleviating the contradiction of morecases than people in the court and maintaining the judicial justice, showing powerfuleffects on building the harmonious society and promoting the judicial reform.