| On April 27,2018,the Law of the People's Jury of the People's Republic of China promulgated that the People's Juror Law is the first special law on the jury system in the history of the Republic.The purpose of this paper is to summarize the historical evolution of the people's jury system by summarizing the domestic and foreign research results of the people's jury system,observe the operation of the people's jury system,and try to find out the problems and causes of the people's jury system.Proposes constructive and operational perfect suggestions and explores t he construction method of jury system with Chinese characteristics.In this paper,through the method of qualitative analysis,through the observation and interview of the people's court staff and the people's jurors to understand the current situation of the people's jury system,trying to sum up the problems arising in the system practice.In combination with the specific provisions of the "People's Jury Law" and the "People's Jury Selection Method",the reasons for the problems are analyzed,and the perfect methods such as "off-site jury" and "no cause avoidance" are proposed.In addition to the introduction and conclusion,the text is divided into four parts.The first part mainly includes the historical evolution,legal orientation and value analysis of the people's jury system.First of all,we will sort out the process of building a jury system in China.It analyzes the value of judicial democracy and promotion of judicial justice proposed in the People's Juror Law,and attempts to demonstrate that the people's jury system also has the potential value of reducing the professional risk of judges.The second part explains the research purpose,research methods,specific process and analysis of the research materials in the G District People's Court for three months.First of all,it is proposed that the people's jurors have the problems of being elected,monopolized,lacking in representativeness,and serious in the selection of candidates.Then it is pointed out that the people's jurors have unclear scope of the case,the procedure is monopolized,and there are problems such as “accompanied without trial” and “judiciary part-time”.The third part of the author combines the "People's Jury Law" and "People's Jury Selection Method" to analyze the general causes of the problem.It also analyzes the texts of the People's Juror Law and the People's Juror's Selection Method,analyzes the blurring of the factual and legal review boundaries,the collegiate bench is subject to the examination committee,and the jury mechanism is not perfect.Unreasonable.The fourth part puts forward suggestions for improvement in a targeted manner.First of all,the jury form of the performance pressure of the people's court,the factual review and the fuzzy boundary of the legal trial is greater than the substantive issue.Try to explore the method of the people's jurors' substantive participation in the trial.It is recommended to clarify the criteria for distinguishing facts from legal issues and find convenient people's jury.The method of making decisions makes its decision-making smoothly enter the judgment.Secondly,in view of the unclear issue of duties and responsibilities,it is suggested that the relationship between the CRIC and the collegiate bench should be clarified,and the factual right of the people's jurors cannot be vacated because of the existence of the CRIC.Finally,in view of the shortage of jurors and the imperfect jury system,it is recommended to improve the qualifications for selection,increase the randomness and representativeness of the election,and explore the “non-judgment” model and the “no-avoidance” mode of the people's jurors.”... |
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