Research On The Trial Responsibility Of The Large Collegiate Bench In Jury System

The law of the people’s assessors of our country innovates a seven person collegial panel composed of judges and people’s assessors,which implements the trial mode of separating the fact trial and the law trial.The people’s assessors only make the fact determination,And gave the chief judge the management responsibility of giving instructions to the people’s assessors.In the context of the reform of the judicial responsibility system of the court,how to implement the requirements of the judicial responsibility system in the seven member collegial panel is an urgent practical problem to be solved.On the one hand,we should make clear the distribution of power between judges and people’s assessors,and ensure that judges and people’s assessors independently and substantially perform their respective duties.This can be achieved by building a judge’s instruction system in line with China’s national conditions,standardizing the production of the list of factual issues,reconstructing the rules of the collegial panel’s evaluation and innovating the way to solve the dispute of the collegial panel’s evaluation.On the other hand,"the right must have the responsibility",regarding the case fact determination mistake,the judge and the people’s assessor how to bear the responsibility must have the corresponding operability stipulation.Considering the particularity of the people’s assessor’s identity,this paper puts forward a new view that,except for the special circumstances,the people’s assessor should not be held responsible generally.By improving the specific design of the trial procedure,it is clear about the specific forms and requirements of the pre-trial preparation procedure,the trial procedure and the evaluation procedure,so as to ensure that the people’s assessor can correctly exercise the factual judgment power.For the accountability of the judges in the collegiate bench,this paper discusses the accountability and immunity of the judges in different stages and situations,based on the characteristics of the seven member collegiate bench.It further clarifies the subject of responsibility,takes the chief judge’s improper exercise of the newly added management responsibility as the basis for investigating his/her judicial responsibility,and further improves the exemption of the judge’s responsibility in the seven member collegial panel.By solving the problem of trial responsibility in the seven member collegial panel,we can ensure that the judges and the people’s assessors have clear rights and responsibilities,and that power is restricted,reduce the occurrence of illegal trial behaviors,and improve the judicial credibility of the grand collegial panel jury cases.