Research On The Selection System Of People's Jurors Under The Perspective Of Facts

The factual trial is the identification of the facts found in the case,and the legal trial is based on legal norms and deliberately apply the law.Then the fact that the trial and the law trial in the trial of the content of the hearing,the requirements of the hearing and the power of the hearing of these four aspects are not the same.In 2004,the state promulgated the "Decision on Perfecting the System of People's Assessors",but as time goes by,it gradually can not completely meet the people's demand for the progress of the rule of law.In April 2015,the Central Commission for Reform and Reorganization considered and approved the "system of people's assessors Reform pilot program ",which also further realized the direction of the people's jury system changes.On this basis,the pilot scheme was also put forward.In this process,the people's jury members'corresponding sentencing powers have also undergone a very big change.Even the people's jury members have been marked.However,the provisions of the selection scheme that adapts to them are only meager measures by mechanically adjusting the provisions such as age and education record.The fact that the people's jury members' demands for trial is based on the work practices of the people's jurors.The selection system of the people's jurors needs to be more elaborate in terms of moral standards,age standards,and educational standards.In view of the effect of the people's jury trial,we can increase the corresponding procedures.In our country,the reform of the power and authority over the people's jurors has changed people's jurors from the facts found in the past and the application of the law to changes in the mere factual recognition,from the perspective of changes in their powers.Our country's people jurors and other countries like Britain and the United States Jurors have similarities.Judging from the selection system of jurors in Britain,the United States and other countries,the United Kingdom and the United States have complicated regulations on evasion and avoidance due to avoidance.At the same time,the complex system of the people's assessor in the West and the system of selection are mutually reinforcing.It can be said that a country's selection system is specific and is tailored to one country.Both Britain and the United States and other countries not only have experience that they can learn from,but also make a strong distinction between factual issues and legal issues,demonstrating broad democratization and randomness in their election.At the same time,a great deal of content such as grand jury system and lengthy pre-trial meetings are not compatible with China's national conditions,but they can not be copied.Based on the factual point of view and the achievements made by our country's people's assessors in the pilot reform,at present,China has reformed the conditions of its election in the reform pilot program,perfected its election procedure,promoted the scope of the deliberation to be continuously expanded,and at the same time,Adjustment and realization of the continuous improvement of the guarantee mechanism and the smooth progress of the pilot work have all achieved staged results.However,from the perspective of factual review,there are still five aspects to be reconstructed in the construction of the people's jury selection system.As a general principle,the construction of the people's jury selection system should be combined with the full realization of the three major functions of promoting democracy,fairness and credibility.From the perspective of the selection of the main body,to optimize the balance of power relations among various departments,we must make clear the procedural rights corresponding to the procuratorial organs,the courts and the corresponding administrative organs of the courts,so that the courts can not be able to dominate the election process before carrying out their work,And strengthen inter-agency and external oversight.Based on the fact that the trial of the requirements and comparative experience of innovation for jurors request standard.From the aspect of perfecting the case,to avoid the administrative rigidities appearing in the selection process,the selection system of the people's jurors should be supplemented with the case selection mechanism and the flexible dynamic management mechanism adapted to the facts.The selection of people jurors can increase the flexibility clause.The case selection mechanism can be more flexible in the selection of the people's assessors and promote the people's assessors to have a more reasonable,complete and perfect procedures for debriefing so that the people's jurors can psychologically produce positive responses to the entire process of case handling Responsible attitude.Establish a specific exit method to observe the activities and motives of jurors.Prize-based and prudent disciplinary actions should be taken.In this way,through the factual examination,the new change to the selection system will promote the effectiveness of jury members participating in factual trial and reduce the resistance of the process of rule of law.