Research On The Mixed Mode Of People’s Assessors Participating In Criminal Procedure

Under the background of comprehensive rule by law,a new round of people jury system reform has been launching vigorously.After three years’ pilot reform,the law of people’s assessor is issued.New mixed model about the attendance of people’s assessor is explicitly stipulated in law of people’s assessor,which is conducive to the value pursuit of returning to judicial democracy,safeguarding judicial justice and improving judicial credibility.However,by studying the practice of mixed model,it can be show that three problems people’s assessors are facing,that is,the theory and dilemma of whether they can participate in the pre-trial examination,the difficulty of distinguishing facts from the application of law,and the homogeneity of the evaluation rules between people’s assessors and judges.After analysis,the causes of the above three problems are mainly historical reasons and practical reasons.Historical reasons refer to the lack of legal culture,including the institutional inertia of the long-term traditional cooperation mode and the incompleteness of the transformation of the trial mode under the background of judicial reform.Practical reasons refer to the gap between legislation and practice,including the theoretical difficulties and legal provisions of the above problems Abstract and general.Based on this,a new mixed mode of the whole process quality is proposed.In order to make the pre-trial process qualitative,firstly,the paper puts forward the differentiated approach based on the elements of elements and the dual differentiated approach based on the identification of evidence in criminal litigation facts and the application of law;secondly,it establishes the result notification mechanism of the connection between the pre-trial meeting and the jury procedure;finally,it puts forward suggestions for the refinement of the list system of facts in criminal cases in China.In order to make the trial process qualitative,this paper focuses on the standardization construction of the criminal procedure judge’s instruction system from two aspects: limit compliance and ability improvement.In order to make the post court process qualitative and ensure the people’s assessors’ opinions can be accurately and effectively expressed,the rules of criminal litigation evaluation are reconstructed,including voting proportion rule,judgment deadlock rule and centralized evaluation rule.In order to make the whole system of the people’s assessors complete and finalized,some suggestions are put forward for the guarantee and control of the mixed mode.