Research On The Separation Mechanism Of Fact Trial And Legal Trial Of People's Jurors

Democratic politics is the political foundation of the emergence and development of the people's juror system,and the basis and core of the people's juror system.The people's juror system is a form of people's participation in politics,participation in state management,and an effective way for people's courts to rely on the people and connect with the people in their trials.It is also an important manifestation of the democratization of justice in modern society and countries ruled by law.However,judging from judicial practice,China's juror system has a long history of "jury without trial,trial without negotiation",the key of which is the distinction between factual issues and legal issues.In October 2014,the fourth plenary session of the 18th CPC central committee adopted the decision of the CPC central committee on several major issues concerning comprehensively advancing the rule of law,The meeting stated:"People's jurors will no longer be involved in the application of laws and will only participate in the determination of facts problem." In April 2015,the Standing Committee of the National People's Congress passed the"Decision of the Standing Committee of the National People's Congress on Authorizing the Pilot Work on the Reform of the People's Assessor System in Some Areas",authorizing 10 provinces,municipalities,11 intermediate people's courts and 39 At the grassroots people's courts,a total of 50 courts carried out pilot work on the reform of the people's jury system.One of the important reforms is the distinction between factual issues and legal issues.In combination with the results of the reform pilot,the People's Jury Law was released in April 2018.Aiming at the issue of separation of factual and legal trials that the theoretical and practical circles focus on,the People's Jury Law adopted a "limited separation" approach.That is,the "same job and the same power" model stipulated in Article 21 and the "decentralization and decentralization" model stipulated in Article 22.Although this revision of the law did not completely separate the factual trial from the legal trial,based on the current rule of law environment,there is still a lack of supporting measures to regulate factual issues and legal issues in the system and procedures.The limited separation is in line with the current judicial environment to a certain extent,but The situation of"accompanying without trial and trial without negotiation" cannot be fundamentally changed.In order to improve and solve the above problems,this article will elaborate on the fact and legal review from four aspects.The first chapter first expounds the relevant concepts of fact and legal review,and clarifies the relationship between fact and legal issues.Secondly,the jury mode of fact trial and legal trial in the people's juror system of our country is expounded,that is,the mode of "same power and same power" and "decentralization of power".The second chapter mainly expounds the existing problems in the system of people's jurors in our country.Among them,it analyzes the ambiguities of people's jurors in the recognition of facts and legal issues,as well as the lack of protection of functions and powers.The third chapter mainly expounds the necessity and feasibility of separating the factual trial from the legal trial in the people's juror system.Starting from its necessity,the separation trial conforms to the people's jurors' cognitive law,balances the contradiction between the public mind and the judge's mind,and can Give full play to the judicial value of the people's jurors;starting from its feasibility,it mainly expounds the measures of separation of factual and legal trials in the common law system and the common law system,and draws on the experience of extraterritorial separation.The fourth chapter mainly explains the realization path of the separation mechanism between the fact trial and the legal trial of the people's juror system in our country,constructs a list system of issues from the system,constructs a judge instruction procedure from the procedure,and improves the separation between the fact trial and the legal trial in our country improves the separation between the fact trial and the legal trial in our country.