MODES OF JUDICIAL DEMOCRACY AND THE PERSPECTIVE OF CHINA’S ASSESSOR SYSTEM

司法民主的模式与中国陪审制度的未来  

Wang Dexin            Associate  Professor at Shandong Normal University School of Law

Abstract: The practice of lay participation in trial court exists in most countries in the world. However, there are also some significant differences in its formation of background, functional value and development trend in different countries, thus different operation modes were formed. After studying the different typical modes, we can find that they all based on the Principle of People’s Sovereignty and the spirit of judicial democracy. For China, the lay participation in trial court system is exotic. New China’s People’s Assessor System originated in the judicial practice during the period of the New Democratic Revolution, but it has not been institutionalized and standardized in nationwide until the 1980s. However, the implementation effect of China’s People’s Assessor System in judicial practice is not very satisfactory, not only that, it has aroused intense debate on the abolition or completion of the system. From the perspective of the People’s Assessor System, we must reform it on the basis of China’s  practical needs. A series of measures should be taken in the reform, including enlarging the number of assessors in the collegiate panel, reasonably narrowing the scope of the use of assessors, establishing or perfecting support mechanism and other relevant measures. All of these reform measures should be served for the ultimate goal of China’s current judicial reform, including developing the people’s democracy, safeguarding the people’s rights, safeguarding the impartial justice and enhancing the judicial credibility.