Research On The Perfection Of People’s Jury System In China

It is the essential requirement and important guarantee of socialism with Chinese characteristics to run the country in an all-round way according to law.At present,there are many areas to be improved in legislation,law enforcement,judicature,and law-abiding.In this case,it is particularly important to comprehensively deepen the reform of the judicial system.The reform and improvement of the people’s jury system is also an important part of it,because it is not only conducive to judicial democracy,but also conducive to strengthening the supervision of the work of the court,constraining the judges to strictly enforce the law and handle cases impartially,which is more conducive to the fact finding,strengthening judicial justice and maintaining judicial authority.It has been more than hundred years for the jury system in China since the end of the Qing dynasty,and no matter in the aspect of content or form,there have been dramatic changes than in the past.Particularly after the founding of new China in1949,our jury system has been completed and developed consistently,It has even been written into the constitution many times.Although the people’s jury system experienced stagnation and even serious damage in the ten years of the cultural revolution,after the Third Plenary Session of the Eleventh Central Committee of the CPC,the people’s jury system got great attention and began to develop again.The resolution “Decision of Completing Jury System by the NPC Standing Committee”passed in 2004 brought new climax and development for it,After the eighteen Party Congress,the Party Central Committee attached great importance to the rule of law.In October 2014,the Central Committee of the CPC convened in the fourth Plenary Session of the 18 th CPC Central Committee.General Secretary Xi Jinping was entrusted with the work report by the Central Political Bureau.At the plenary session,the plenary session examined and adopted the decision of the Central Committee of the Communist Party of China on comprehensively advancing several major issues of governing the country according to law(hereinafter referred to as the decision).With the judicial aspect,it is emphasized to improve the people’s jury system.and in 2015,it passed the decision for new round exploration by establishing the pilot for the reform of jury system and conclusion on the experience.Until 2018,it released the first special law “Jury System Law of PRC” of it.while even with consistent completion on a system or a law,there are still deficiencies,so does it.For example,in the field of legislation,some of the rules are slightly broad,some of the problems are not explained in detail,and the people’s jury system has not been written into the constitution.There are still many problems in the process of people’s jurors’ selection,appointment,participation in trial,management mechanism and guarantee mechanism.In addition,the popularity of people’s jury system in the masses is not high,and the publicity work needs to be strengthened.Therefore,we should continue to study the problems existing in the trial process of the reform of the people’s jury system,sum up the experience of the trial of the reform of the people’s jury system,and further study the extraterritorial jury system,take its essence,and find out what is suitable for China’s national conditions and development characteristics.On the basis of summing up the pilot experience of the reform of the people’s jury system and exploring the people’s jury law of the People’s Republic of China,this paper focuses on the study of the jury system in England,the jury system in Germany and the referee system in Japan.By drawing on the advantages of the jury system in other countries,it mainly puts forward suggestions in eight parts.The first part proposes to establish the important position of the people’s jury system through the constitution at the legal level;The second part is about the details of the people’s jury system;the third part suggests to reasonably stipulate the scope and quantity of the people’s jurors participating in the jury cases;The fourth part is to select and appoint the people’s assessors scientifically,to enhance the representativeness of the people’s assessors,including to strengthen the publicity of the people’s assessor system,to make reasonable selection conditions according to local conditions,and to regulate the tenure of the assessors.The fifth part discusses how to protect the right of people’s assessors to participate in the trial,and puts forward suggestions on how to solve the problem of accompanying without trial and distinguishing between "legal problem" and "factual problem".The sixth part is to establish a standardized and transparent management guarantee mechanism for people’s assessors.This part discusses in detail how to improve the guarantee mechanism,supervision mechanism,training mechanism,reward and punishment mechanism and strengthen information management.The seventh part is to propose to establish and improve the evading system and the responsibility mechanism of the people’s jury system,respectively,from the suggestion of establishing the system of non reason evading to regulate themanagement of people’s assessors and increase the system of judicial responsibility exemption.The last part focuses on the optimization of the number and combination form of the trial jurors,which are discussed from two aspects: one is to increase the number of jurors of the collegial panel appropriately according to the social influence of the case;the other is to use the combination of experts and ordinary jurors.The people’s jury system is an important way for the majority of people to participate in justice.It is also of great significance for the judicial justice and the rule of law to continuously improve the people’s jury system in China.The people’s jury system of our country will make great progress and great development under the high attention of the Party Central Committee,the continuous practice of judicial workers and the continuous exploration of scholars.