Research on the Path of Perfecting the Selection System of People's Assessors

DOI: https://doi.org/10.62517/jel.202414230

Author(s)

Kangfu Zhu*

Affiliation(s)

Law School, China Jiliang University, Hangzhou, China

Abstract

The system of people's assessors is a judicial system where assessors, chosen legally, participate in court trials, reflecting judicial democracy and justice, and fostering judicial democracy. However, the selection system of people's jurors still has some problems, such as lack of reasonable selection conditions, too long tenure, lack of supporting security system, and imperfect mechanism of jurors' withdrawal and replacement. Utilizing literature research, this paper delves into the historical evolution and legislative status of the Chinese people's jury selection system. By means of comparative analysis, this paper studies the legislative provisions on jury selection and appointment system in relevant countries. To perfect the system of selecting and appointing people's assessors, we should learn from the advanced experience of other countries, and conform to the national conditions and judicial practice. Consequently, it is necessary to expand the selection conditions of people's assessors, shorten the term of office, establish and improve the supporting security system, perfect the withdrawal and replacement mechanism, and give full play to the important role of people's assessors system in the process of judicial reform.

Keywords

People's Assessor; Selection System; Term of Office; Exit and Replacement Mechanism

References

[1] Miao Yan. Judicial democracy —— Improve the value of the people's juror system. Legal Research, 2015, (1): 123. [2] He Jiahong. The return of the dead —— Top ten mistakes of criminal justice. Beijing: Peking University Press, 2014: 292 [3] Li Yongjun. The realistic dilemma and way out of the people's jury system in China —— based on the thinking behind the revival of jury. Law, 2012, (4): 15 [4] Hu Yunhong. The reconstruction of the Russian jury system and its enlightenment to the Chinese people's jury system. The Applicable Law, 2015, (2): 115-121. [5] Xie Youping. Research on international guidelines for Criminal Procedure. Beijing: Law Press, 2002: 505. [6] Chen Zhenyi. Seek the harmony between the professionalization of judges and judicial democratization. People's Justice, 2006, (5): 42. [7] Cheng Handa, Li Peifeng. The History of the British Judicial System. Beijing: Tsinghua University Press, 2007: 294. [8] Randolph·Jonakate. The American Jury System. Beijing: Law Press, 2013:110. [9] Tocqueville. On American Democracy (Volume II). Beijing, the Commercial Press, 1998:153. [10] Shi Pengpeng. The reform process and subsequent development of the people's jury system. Applied Law of China, 2018, (4): 16-31.