Research And Improvement Of China’s Trial System Of People’s Assessors

Jury system is a system that the country admits common civilians to participate in judicial practices and share the jurisdiction with judges. The contemporary jury system in the world consists of jury system in Anglo-American Law System and trial system of assessors in Continental Law System. China’s jury system originated from the west, and formed trial system of people’s assessors after the foundation of the People’s Republic of China.The author analyzes the development of jury system and the operation, features and the problems of trial system of people’s assessors, gives some suggestions to perfect China’s present trial system. The full text is divided into five parts.The first part of the article describes the formation and development of jury system. Jury system initially sprouted in ancient Greece and Rome. Modern jury trial system is generation in the Britain and evolved in the world. We can see more clearly about its value and significance by analyzing American jury system and German trial system of assessors. However, what we can draw on the experience of the two countries is, the jury system must adapted to the national conditions.The second part expatiate the formation, development and present situation of China’s jury system. During the course of the legal reform in late Qing, the jury system of Britain was transmitted to China. In the period of the revolutionary civil war, Chinese Communist Party put trial system of people’s assessors into practice in base area, border area and liberated area. After the foundation of the People’s Republic of China, this trial system was formally established. In August2004, Standing Committee of the National People’s Congress passed Decision on Improving Trial System of People’s Assessors to further clarify this system. In the third part, with the method of empirical study in law, the author examines on the spot the present predicament of the trial system of people’s assessors in Tai’an City, Shandong Province. Through the research of the its present situations, the author thinks that trial system of people’s assessors reflects judicial democracy and judicial transparency, and promotes judicial justice and judicial corruption, promotes the citizen consciousness of rule of law and legal literacy.In the fourth part, the author analyzes the problems in the trial system of people’s assessors, which mainly consist of lack of constitutional basis, lack of a unified law and related system and measures. Besides, there are some problems in the selections, involved the trial, training situation and guarantee situation of the system.In the last part, with the analysis of the problems, the author points out the necessity and feasibility for improving the trial system of people’s assessors, gives the measures to perfect the system from the legislative level and the operational level, and gives some suggestions to reform the system.