Study On The List Of De-facto Question In The People’s Assessor System

The list of de-facto question system,which has the characteristics of scientificalness,narrativeness and binding,is a technical design designed to reduce the difficulty of juror’s fact-finding and make up for the lack of juror’s legal professional background.It provides a standardized communication platform between jurors and judges on the issue of fact-finding,and promotes jurors to substantively perform their trial rights.As a reference of judicial technology from the external assessor system,the de-facto question system faces three levels of obstacles in the operation process in China,which are in the formulation of norms,scope of application and practice.The detailed operation rules of the list,the level of legal effectiveness and the difficulties connected with the appeal review system are obstacles of norm formulation.Disputes on applicability of public interest litigation and major cases with social impact are obstacles of scope of application.Issues of the tendency of jurors to focus on the facts and review participation are obstacles of practice.The local obstacles of list of the de-facto question system are rooted in the conflict between institutional reference and China’s legal system and the lack of relevant supporting guarantee mechanism.The current law only sets principled norms for the list of questions,and the achievement of the pilot reform of the people’s assessor system have not been fully transformed.Therefore,it is necessary to systematically construct China’s list of de-facto question system.Firstly,in terms of the application of legislation,the norm formulation of the list of de-facto question system should be improved parallelly and the scope of applicable cases of the system should be limited depending on the case types.Secondly,in terms of the detailed rules of implementation,the production subject and production time of the list should be further defined,the form of the list should be explored,the standards and samples of de-facto question should be clarified in the "minimum inference method",and the evaluation procedures,voting rules and relief mode of the list should be carefully reconstructed.Finally,in terms of the guarantee mechanism,the principle of free evaluation of evidence and principle of directness and verbalism should be carried out,the seven-member collegial panel and the trial level system should be coordinated,the judges’ instructions to the jurors should be strengthened.And then ensure the implementation of the jurors’ responsibility of fact finding,and further guarantee the realization of the substantive participation in trials of the jurors.