| Since the birth of the people’s assessor system in China’s criminal proceedings,there has been constant controversy.People’s assessor system has been facing the dispute of preservation and abrogation for a long time.The Law of the People’s Republic of China on People’s Assessors promulgated in 2018 makes people hope to eliminate the past criticism of it.However,at present,the relevant legal provisions and theoretical discussion cannot solve the problem of the poor operation of the people’s Assessor system.It is necessary to review the source of the problem in theory and reconsider the solution.In view of this,due to the touch and stimulus brought by some phenomena of personal experience and investigation in social practice,this paper explores the people’s Assessor system in criminal proceedings.The full text is divided into four parts:The first part is an overview of the people’s assessor system in criminal proceedings.It clarifies the nature of the object discussed in this paper from the perspective of the concept and the original intention of normative legislation.The main legislative purpose of this system is to ensure citizens to participate in judicial activities in accordance with the law,promote judicial justice and enhance judicial credibility.The realization of the original intention of legislation comes from the supervision and help of people’s assessors to judges and the education of people in criminal proceedings.The second part is the practice of the people’s assessor system in criminal proceedings,that is,the positioning of the existing problems.From the point of view of the selection and routine work of people’s assessors in practice,it is concluded that the lack of professionalism and independence of people’s assessors and the flexibility of people’s assessor system are two major problems in the practice of people’s assessor system.The third part is about the reasons for the practical predicament of the people’s assessor system in criminal proceedings.This paper mainly discusses the root of the problem from two angles: the people’s assessors themselves and the people’s assessor system.The assessors themselves have the characteristics of unclear candidates and inaction.The people’s assessor system is too flexible because of the single form of citizen’s participation in justice,the de-construction of system value through power game.The fourth part is the suggestions for the reform of the people’s assessor system in criminal proceedings,and puts forward innovative opinions on the above problems from the practice and the root of the problem,including selecting and appointing professional assessors,building a diversified form of citizens’ participation in justice.We hope that the judicial system reformers can broaden their horizons and carry out forward-looking system reform. |
