A Study Of The People’s Assessor’s Right To Determine Facts In Civil Cases

The correct identification of facts in civil litigation is the premise and foundation of the legitimacy judgment,the core and soul of civil litigation activities,and the important guarantee to realize the purpose of civil litigation.Taking the core right of the people’s jurors-the right to determine facts as the research object is to find out the pain points that affect the jurors’ right to determine facts on the basis of theoretical research,through scientific demonstration,comparison of overseas excellent experience,analysis of jurors’ rights protection and power restriction mechanism,and summary,put forward improvement countermeasures,the ultimate goal is to force "accompany but not try,try but not Discuss " the stubborn disease.However,the definition and operation of the people’s assessor’s right to determine facts,as well as the distinction standard between the fact problems and the legal problems,have always been a problem in the theoretical circle.This paper,starting from the legislative guidance and practical needs,discusses the concept definition,main body and basic category of the people’s assessor’s right to determine facts in civil litigation cases,and puts forward countermeasures to improve the people’s assessor’s right to determine facts.In addition to the introduction and conclusion,this paper is divided into four chapters.The foreword points out the research background,significance,research status,research methods and research content.The first chapter is an overview of the right to determine facts in civil litigation.On the basis of defining the concept of fact finding,this paper analyzes the object,path,scope and standard of jurors’ right of fact finding from the main body of the right of fact finding.To clarify the essence of the people’s assessor’s right to determine facts,so as to build a theoretical support for the follow-up research.The second chapter is the dilemma of the jury’s right of finding facts in civil cases.In view of the phenomenon of "accompany without trial,trial without discussion",this paper analyzes the attribution from two aspects of legislative status and legal consequences.It mainly points out that the operation of jurors’ rights in China is not smooth,the setting of power start-up subject is unreasonable,the extension of applicable cases is vague,the specific standards of fact determination are unclear,and the judge’s instructions need to be clearly detailed.The third chapter is the investigation and comparison of the jury system and the trial system.This paper focuses on the analysis of the jury system in the United States and the jury rights protection and power restriction mechanism in Germany and France.And on the basis of the analysis and summary of the law,this paper puts forward the enlightenment to the fact finding right of the people’s assessors in our country.The fourth chapter is the countermeasures to improve the people’s jurors’ right of fact finding.From the aspects of procedural guarantee,substantive guarantee,power restriction mechanism and the construction of supporting system,this paper puts forward some concrete suggestions to improve the fact determination right of jurors in China.