Practicing People's Democracy in the Work of People's Jurors
2022-12-26
Whole-process people's democracy is the defining feature of socialist democracy; it is democracy in its broadest, most genuine, and most effective form The people's assessor system is an important part of socialist democratic politics and an important embodiment of people's ownership in the judicial field. The process of people's jurors participating in trial activities is one of the ways for people to participate in national governance. The Intermediate People's Court of Xuzhou City, Jiangsu Province, has thoroughly studied and implemented the spirit of the Twentieth National Congress of the Communist Party of China. Standing at the height of developing socialist democratic politics, it has deepened its understanding of the people's assessor system, practiced people's democracy in the whole process of people's assessor work, guaranteed the right of people's assessors to participate in trials, and stimulated the enthusiasm of people's assessors to participate in trials. We will improve the selection mechanism and fully protect the people's character of the people's assessors. The "entrance" of the people's jurors should be properly controlled to ensure the universality and representativeness of the source of people's jurors. First, improve the selection and appointment coordination mechanism. We will improve the deliberation and coordination mechanism of judicial administrative organs, grass-roots courts, and public security organs. Where conditions permit, joint qualification review teams can be set up to establish a "trinity" joint review mechanism of comprehensive preliminary review, spot check review, and targeted ad hoc review, and strictly control the qualifications. The second is to improve the open mechanism of appointment. Publish the election announcement through the local mainstream media platform, expand the scope of publicity, conduct extensive social publicity, and actively accept social supervision. We will establish a random selection system to record the whole process, and invite deputies to the National People's Congress, CPPCC members, higher judicial administrative organs, courts, public security and other staff to supervise on the spot. Third, establish an information sharing mechanism. We will establish a mechanism for regular notification of the participation of people's assessors in trials, inform the judicial administration organs at the same level of the assessment and participation of people's assessors, and the expiration of their terms of office, coordinate the by election of people's assessors in a timely manner, and promptly submit people's assessors who meet the conditions for removal from office to the standing committee of the people's congress at the same level for removal from office. Strictly implement the provisions on participation in trial, and fully realize the democracy of people's assessors' participation in trial. First, explore a more convenient and efficient mechanism for random case selection. We will improve the random selection system, optimize the mechanism of alternate people's assessors, and constantly improve the convenience of random selection. According to the geographical location of the people's court, the people's assessor pool should be properly divided by region to improve the enthusiasm of the people's assessors to participate in the trial. Second, we should firmly grasp the "annual maximum number of cases to be heard". Reasonably set the upper limit of the number of cases to participate in the trial every year, explore and set the lower limit of the number of cases to participate in the trial, strictly implement the system of monthly reporting and monthly clearing of the number of cases to participate in the trial, track and analyze, and regularly inform the people's assessors of their participation in the trial. Third, we will improve the rules for people's assessors to participate in trials according to law. Establish a list of guidelines for judges, clarify the guidance content of judges at different stages, and strengthen the performance of the guidance obligations of judges. We will promote the construction of a mechanism to distinguish fact finding and law application when people's jurors participate in the trials of seven member collegial panels, and refine the list of issues related to fact finding in different types of cases. Innovate scientific management methods and give full play to the initiative of people's assessors. We will focus on stimulating the enthusiasm, initiative and creativity of the people's assessors, and constantly improve the management mechanism of the people's assessors in view of the low enthusiasm of some people's assessors to participate in the trial, the nonstandard court trial behavior, and the weak ability to participate in the trial in judicial practice. First, innovate management methods. Exploring the establishment of independent management of people's jurors
Edit：sishi Responsible editor：xingyong
Source：http://rmfyb.chinacourt.org/paper/html/
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