Study On The Selection System Of People's Jurors In China

The Selection System of People's Jurors is an important prerequisite to guarantee the people's jurors' right to exercise the judicial jurisdiction correctly.It's directly related to the effective exercise of the ordinary people's right to know,to participate in and to supervise.It is of great signification for safeguarding judicial justice,demonstrating judicial democracy and preventing judicial corruption.The system mainly includes the specific system of people's jurors' qualification,the selection organs,the selection procedures and the term of office.As the core subject of the whole People's Jury System,the Selection System of People's Jurors plays an indispensable role in ensuring that the People's Juror System runs along a rational track.In 2018,the Selection System Of People's Jurors had undergone tremendous changes.The special law on the system of people's jurors,namely the People's Jurors Law of the People's Republic of China,had been formally implemented.It was the legal basis for the system of selecting people's jurors.In August of the same year,the Ministry of Justice,the Supreme People's Court and the Ministry of Public Security jointly formulated the Measures for the Selection of People's Jurors.Detailed provisions ware made on the specific issues about the Selection System of People's Jurors,which was of great guiding significance to the judicial practice of the people's jurors selection.Accordingly,the Selection System of People's Jurors has changed the qualifications of selecting the people's jurors,which are embodied in the following aspects:raising the age to 28 years old and lowering the educational background to a general high school or higher education level.At the same time,the selection organ has been adjusted,and the judicial and administrative organs have taken the lead in stead of the people's courts,to realize the separation of selecting and appointing people's jurors.The people's jurors are not generally allowed to re-serve.Despite the continuous maturity and perfection of the Selection System in China,there are still many problems.First of all,at the legislative level,the “Measures for the Selection of People's Jurors” has a low level of legislation;the qualification of people's jurors are unreasonable;the scope of people's jurors' primary election is single;the provisions for the re-election of people's jurors are not clear;the number of cases for trial is vague;and the social announcement system is not clear.Secondly,through the empirical analysis of the current situation in the D District People's Court of M City,summarizing the judicial problems of the Selection System of People's Jurors in China:the public awareness of People's Jury System is low;the people's jurors are biased in the selection;the random selection of individual cases is not in place;the system of people's jurors' responsibility has not be implemented.Therefore,according to the current situation of the Selection System of People's Jurors in China,making a comparative analysis in foreign countries under the two modes of the assessor system and the jury system.Considering the basic national conditions and the background of the rule of law construction in China,the Selection System of People's Jurors in China needs to be further improved.At the legislative level,we should improve the legislative level of the Selection System of People's Jurors;abolish the educational restrictions;expand the scope of primary election;clarify the provisions for the re-election of people's jurors;improve the number of cases for trial;and refine the system of social announcement.At the judicial level,we should improve the awareness of jury system;standardize the selection process strictly;improve the guarantee mechanism of the random selection of individual cases;implement the legal responsibility of people's jurors.