Study Of The People’s Juror’s Substantial Participation In The Second Hearing Of Fact Of Civil Cases

The system of the people’s juror is not only the embodiment of democracy in judiciary,but also the practical carrier of spiritual core of Xi Jinping Thought on Rule of Law.Therefore,this system should be utilized really and be utilized very well.This means that all the superficial problems concerning the participation in hearing,such as “to participate merely instead of hearing really” and “to hear merely instead of sitting together”,should be solved substantively.In order to solve these problems,the mode of “same power” and “separation” of the jurors and the judges in the second hearing of fact and the application of law is stipulated in the Law of the People’s Juror.In addition,the law connects theory and practice.It also learns some relative mature technical stipulation of other countries.However,the effects of these stipulations are not very obvious.In this these,the author holds that as far as the people’s juror’s substantial participation in the second hearing of fact of civil cases is concerned,we need to define the connotation of the second hearing of fact at first.In other words,the second hearing of fact of civil cases includes both the finding of the facts that have already taken place,and those that will take place.It also includes the finding of the original facts,and the finding of the conclusive facts.In addition,it needs the restoration of the objective facts,and the finding of subjective psychological state.Secondly,we need to establish the popular and straightaway criteria to distinguish the second hearing of fact and the application of law,such as “general social experience”,“whether can be applied repeatedly”,etc.Finally,we need to analyze the problems concerning the people’s juror’s participation in hearing and the reasons for restricting their substantial participation in hearing,and learn beneficial experience from other countries.In this way,we can define the list of the issues concerning fact-finding as the method of distinction,and specify and define the technical stipulations further,such as the scope of the second hearing of fact,the judge’s rule of instruction,the pre-trial review of files,the review of the collegial panel,etc.Thus,the author can provide the suggestions for improving the people’s juror’s substantial participation in the second hearing of fact of civil cases in our country.