The Study Of The People's Jurors In Criminal Proceedings

In the new round of People's jury system reform,the key point is the jury's trial function,also called the reform of participating trial rights.Announced in The fourth plenary session of the 18th Communist Party of China,Decision of the Chinese Communist Party Central Committee's on a number of important issues in relation to comprehensively implementing governing the country by law,hereinafter referred to briefly as Central Decision,proposed that the People's Assessor will only participate in fact trial and identifying issues,no more trialing the law's application scope.Experimental court have made some positive exploration in jury's trail function reform and achieved some effects.But along with the deepening of reform,it occurs some new problems during the adjustment of jury's participating function.The paper consists of four parts:The first chapter represents the basic problems of criminal procedure assessor's trial function.It briefly introduces the development history of assessor system,and summarizing the development trend of assessor system.Also it analyzes the sources and characteristics of criminal justice when jury participates in.It distinguishes the hear function of assessor under two different form which is assessor system and jury system.The second chapter talks about China's transformation in jury's trail function:form overall trial to fact trial.It summarizes the problems in overall trial,and analyzing the implication and meaning of the fact trial.The third chapter analyzes the current situation of jury's trial function transformation.Comprehensively analyzing the specific circumstances of jury participation reform.It considers that it has several problems like the difficulty in distinguishing the fact issues and legal issues,the uncertainty of the force that jury affirming the case's fact,too broad range injury participating trial,etc..The fourth chapter comes up with realizing safeguard mechanism of People's assessor's fact trial function.Aiming at the problems that happened in experimental units,it proposes to improve the composite pattern of collegiate bench and to build jury responsibilities mechanism,reasonably setting up the jury participation range and appraisal rules in fact-finding.