Study Of The System Of The People’s Assessor’s Participation In The Trial Of Civil Cases

The system of the people’s assessor’s participation in the trial of civil cases embodies the idea of rule of law,which refers to a pursuit of democratization in jurisdiction in our country.It also embodies the concept of governing the country that the people are masters of the country upheld in judicial practice.However,taking the present judicial situation for the people’s assessor to participate in the trial of civil cases into consideration,there are still many defects in the system.To be concrete,the deep-rooted problem of “jury without trial and trial without discussion” still exists;the judge’s instruction to the people’s assessors is insufficient;the people’s assessor is regarded as a judge and plays a role simply;the centralism judgment conflicts with the time limit of evidence rules;the people’s assessor is not professional enough,which results in the limited categories of cases in which he or she can participate;and the collegial rules are not perfect,etc.These problems make the people’s assessors unable to bring their functions into full play in trying cases.Therefore,the system should be improved in the following aspects: to reinforce the judge’s instruction of the people’s assessor,to improve the mechanism of managing and examining the people’s assessor,to make more specified division between the people’s assessor’s participation in the second instance trial of fact and the application of laws in trying a case,to advance the centralism judgment,to improve the rules of evidence and certification,and to absorb expert assessors,etc.The study of the system of the people’s assessor’s participation in the trial of civil cases is beneficial to solve civil cases in diversified ways,to promote the democratization of the judicial system in our country,and to strengthen the credibility of judicial adjudication of China.