| People’s juror system is an important form of judicial democracy.The expansion and application of people’s juror system in our country is based on the objective judicial background with many cases and few cases,and also the need for the reform of trial level functions of the court,which responds to judicial democracy and litigation efficiency.At the present stage,the reform proposed by the Supreme People’s Court on the functional orientation of the trial level of the four-level courts has led to the sinking of the trial center,which has increased the pressure on the basic courts and appellate courts,but also brought other problems.At the same time,the reform of civil litigation improves the efficiency of litigation from the two aspects of saving human resources and simplifying procedures.Although it is direct and effective,it may sacrifice the procedural guarantee of civil litigation.As a representative of judicial democracy,the function of people’s juror system to improve the efficiency of litigation should not be underestimated,but it is difficult to play a role because of the deficiencies of legislative provisions.The expansion and application of people’s juror system in civil proceedings in our country is in line with the principle of people’s sovereignty,reflects the procedural value of judicial democracy,and is a response to the judicial requirements of litigation efficiency.The system of people’s juror in civil procedure has made a series of achievements after the pilot reform,but the problems such as narrow scope of people’s juror selection,too few types of people’s juror trial and vague legislative provisions cannot be ignored.The system of people’s juror is also hindered in its development due to its rough operation and the poor connection of its application.Therefore,it is necessary to expand and reform the application of the people’s juror system,including the expansion of the main body of the people’s juror and the types of cases to be tried,as well as the expansion of the application in the litigation procedure,and improve the relevant supporting measures.China’s people’s juror system belongs to the system with Chinese characteristics,that is,the system with jury system factors,should be expanded and applied to the people’s juror system on this basis.In this paper,the path selection of expansion is studied in four parts.In terms of the subject,the scope of people’s jurors should be expanded,including special norms for professional jurors,especially in family cases.In terms of case types,the expansion and application of the people’s juror system is also carried out,including the compulsory application of the people’s juror system in some special cases and the moderate expansion of the scope of people’s juror trial.In the proceedings,the system of people’s jurors is expanded and applied by actively applying it in the pre-court meeting,reasonably applying it in the mediation procedure,forcibly applying it in the second instance procedure,and converting the system to apply it in the urging procedure.It is equally important to improve the supporting measures for the expansion and application of the people’s juror system,especially to optimize the supporting measures for the people’s juror system to participate in court mediation,to perfect the connection between the people’s juror system and the selection and appointment system as well as the construction of intelligent courts,and to perfect the voting and error correction system of the people’s juror system. |
