On The System Innovation Of People’s Jury Law In China

Jury system,as a balance between public opinion and justice,reflects democracy and justice of the judicial system has been playing a unique role.China’s regulations on the jury system are more detailed than the people’s juror system.In China,although the system of people’s assessors has been stipulated in the common program of the Chinese people’s political consultative conference(CPPCC)promulgated in 1949,the system of people’s assessors has been "in name only" for a long time and has not played its real function.In practice,the people’s juror system has appeared such phenomena as "accompany without trial,trial without discussion","jury elitism","jury professionalism",and gradually alienated into the judicial trial of auxiliary personnel.In order to promote people’s substantial participation in trials and give full play to the value of the system of people’s assessors,the people’s assessors system was reformed on a pilot basis in 2015.After three years of trial work,the law of the People’s Republic of China on people’s assessors(hereinafter referred to as the law on people’s assessors)was officially adopted on April 27,2018.Starting from the historical evolution and value concept of the people’s juror system,this paper analyzes the necessity and inevitability of the people’s juror law.As the first special law on the people’s juror system,the people’s juror law makes innovative provisions aiming at the accumulated disadvantages and the crux of the people’s juror system in practice.In the aspect of "accompany without trial",the "people’s juror law" establishes the double-track collegial panel mode,and in the seven-member collegial panel mode formally establishes that the people’s juror only participates in the trial of "questions of fact".We will further promote democratic participation in the trial by improving the judge guidance system and the people’s jury guarantee system.In the aspect of "jury elitism" and "jury professionalism",the people’s juror law has effectively expanded the universality and randomness of people’s juror through the reform and innovation of the conditions and procedures for the selection and appointment of people’s juror,and ensured the grassroots people’s right of speech more effectively.The promulgation of the people’s juror law is a key achievement in the construction of the rule of law in China.The author thinks that after the implementation of the people’s juror law,there are some urgent problems to be solved.The operation method of defining "question of fact" in the seven-member court is not clear and its evaluation rules do not make substantive distinction with the three-member court;There is also the question of controlling the costs of justice.In view of these five problems,the author combined with the relevant provisions of the judicial system reform,put forward the corresponding Suggestions: 1.Second,to promote the combination of elitism of judges and popularization of jury;3.Reasonably defining "factual issues";Iv.Remolding of review rules in 7-member court;5.Systematically optimizing the allocation of resources to reduce judicial costs.In order to improve the people’s juror system to provide innovative ideas.