Research On The Legislation Of The People’s Assessor System In China

The system of people’s assessors is mainly through the way of absorbing the participation of ordinary citizens in the specific cases,so as to supervise the operation of judicial power so as to ensure the justice of case trial.First of all,the author explores original historical roots and system design on our people’s jury system in the history of the development of the jury system in our country to rethink,and explore the function of people’s jury system from multi dimension perspective on that the establishment of the people’s jury system not only makes the context of sociology "public identity" is embodied in the judicial field,but also the effective implementation of the requirements of the political theory of citizen participation in national governance rights,while the implementation of the system is also true to ensure an open and fair implementation of litigation in judicial field.The status quo and practice based on our country in recent years the people’s jury system,in this foundation,analysis of the specific provisions of the legislation on our country the current people’s jury system both in the legislation level and system status,selection mechanism or the relevant people’s jurors in the trial,trial mode there are some problems and shortcomings,and discusses the causes of these problems and aspects of analysis.By summing up the content and characteristics of jury system in typical Western countries,it puts forward a specific optimization path for our people’s jury system from three aspects: subject,scope of application,and trial mode.Finally,on the basis of the interpretation and comparison of the principle,this paper puts forward some suggestions for the improvement of the people’s assessor system in China.The author thinks that in order to make a comprehensive legislation on the system of the people’s jurors,it is necessary to make a more detailed design of the various links and procedures of the system.First of all,in the scope of the selection of the jurors,we should further reduce the standards of the people’s jurors’ academic qualifications and raise their age requirements.Secondly,the principle of "three random" should be followed and implemented on the selection and appointment mechanism of jurors.Then,the model of jury trial should be restructured,and the modelof the jury in China is divided into the regular three person jury and the multi person jury.Finally,the scope of jury trial is determined by distinguishing the types of cases and the complexity of the cases.Among them,for a long time scholars disputed "factual" or "legal trial" problem,this paper puts forward the innovation for different types of cases under different trial mode,and according to different assessor mode to clear the jury is system design of "factual" or "legal trial".Finally,the civil people’s assessor system was rebuilt.