Investigation Report on the Implementation and Improvement of the People's Jury System in Wanzhou Court

Investigation Report on the Crime of Farmers in Wulong Court

In the criminal cases concluded in our hospital in 2005, there were 220 peasant crimes involving four types: crimes against public security, violations of citizens' personal rights, crimes of democratic rights, crimes of infringing property, and crimes of social management order.
Its criminal characteristics: 1, the proportion of crimes is large, accounting for 76.5% of the total number of crimes 291; 2, the type of crime does not involve the destruction of socialist market economic order crimes, job crimes two types; 3, in the crime of endangering public security Most of the cases of illegal possession, sale and sale of firearms and illegal trade in production and life, and the manufacture of explosives; 4, crimes of property violations, especially theft, the number of crimes nearly 100, accounting for 45.5% of all farmers 5. Farmers commit traffic accidents, harbouring, transferring, acquiring or selling stolen goods, seeking troubles and introducing prostitution and other crimes that hinder social management order have increased.
The main reason for peasant crimes is greed, and the crime of infringement of property can be explained by the outstanding crimes. In cases of illegal possession, sale and sale of firearms, illegal trade in production and life, and the manufacture of explosives, farmers are reluctant to pay gunpowder and manufacture firecrackers. The pyrotechnics also have a small cheap factor. Secondly, the culture is low and the legal concept is indifferent. In the cases of illegal possession, sale and sale of firearms, illegal trade in production and life, and the manufacture of explosives, it is best reflected in illegal detention, house invasion and bigamy crimes. Third, farmers go to the criminal road after entering the city to work. Many peasants are not working in cities, and they are reluctant to go home to work. Under other temptations, they are on the road to crime. There are many manifestations of crimes such as theft, robbery, and other crimes of infringement of property and the search for prostitution and other crimes that hinder social management.
Countermeasures. Combating is not the fundamental means of preventing crimes, but relying on comprehensive governance. Similarly, in response to the problem of peasant crimes, it is also necessary to rely on comprehensive governance. For example, to solve the problem of peasant education, increase the legal publicity, increase the peasant's own quality; improve the peasants' income and improve their living conditions; properly handling the problems of migrant workers and correctly guiding the peasants' development are the most fundamental guarantees for effectively preventing peasant crimes.

Investigation Report on the Implementation and Improvement of the People's Jury System by the Wulong Court

The "National People's Congress Standing Committee's "Decision on Perfecting the People's Jury System" implemented on May 1 this year is China's first special law on the jury system. Like the national courts, the Wanzhou courts have implemented the implementation of the people's jury system as a major issue of judicial reform, closely integrated with the actual work, and adopted practical and effective measures to conscientiously do a good job in the selection, appointment, removal, training, and management of the people's jurors. Judging from the current investigation and discussion, this system has achieved initial success in judicial practice. The professional knowledge and public thinking of the people's jurors are effectively complemented by the judge's legal literacy and professional thinking, shortening the distance between the judges and the public, and improving the referee's social credibility. How to further standardize and concreteize the program and operation so that this system can play a better role remains to be further explored and improved in practice.
I. A brief review of the implementation of the People's Jury System in our hospital Since the founding of New China, the 1954 Constitution stipulates: "The people's courts try cases, and the people's jury system is implemented in accordance with the law." The first "people's court" was enacted in the same year. The Constitution also stipulates that the people's courts try the first-instance case and implement the jury system of the people's jurors. During the "Cultural Revolution" period, the people's jury system was completely destroyed. When the Constitution was amended in 1982, the people’s jury system was not regulated. Since then, the people’s jury system has not been written into the Constitution. When the "Organization Law of the People's Courts" was amended in 1983, the "People's Court trial first-instance case shall be conducted by a collegial panel composed of judges and people's jurors" and revised to "the first instance of the people's court trial, and the judges shall form a collegiate bench or A collegiate panel consisting of judges and people's jurors." Since then, the Civil Procedure Law, the Administrative Litigation Law, and the Criminal Procedure Law have basically made the same provisions. During this period, the court mainly elected a group of people's jurors to participate in the trial of the first instance through the appointment of the court. By the end of the 1990s, due to many factors such as mechanism, management, funding, and trial mode reform, the implementation of the people's jury system in some courts was weakened, and the number of cases in which jurors participated in trials decreased.
The composition of the people's jurors in our hospital in 2005. According to statistics, in 2005, there were 65 people's jurors in our school. From a political point of view, 44 members of the Communist Party of China, accounting for 67% of the total number; 4 of the Democratic Party accounted for 6%; 17 members, 17 people, accounting for 27% of the total. From the perspective of departmental distribution, 19 party and government organs, accounting for 29% of the total number; 25 enterprises and institutions, accounting for 39% of the total; 7 social groups, accounting for 10% of the total; 14 others, the total number 22%. In terms of age composition, 37 people aged 35 to 40, accounting for 57% of the total; 26 people aged 41 to 50, accounting for 40% of the total; 2 people over 55, accounting for 3% of the total . From the academic level, 21 people in the university department accounted for 34% of the total number; 42 people with a college degree, accounting for 63% of the total number; 2 people with the following qualifications, accounting for 3% of the total number. Of the 65 jurors, 44 were men, accounting for 66% of the total; 21 were women, accounting for 34% of the total. There are 7 professional and technical personnel, accounting for 20% of the total number. It can be seen that the Communist Party members occupy the vast majority of the people's jurors, and the industry distribution is relatively balanced. Most of the ages are under 40 years old, and there are relatively more junior college graduates and relatively few technical personnel.
The situation in which the people’s jurors participate in the trial of the case. According to statistics, as of December 2005, the people's jurors of our hospital participated in the trial of 659 first-instance cases, accounting for 35% of all first-instance ordinary procedures in the same period. Among them, 120 criminal cases, accounting for 18% of the general first-instance criminal cases in the same period; 329 civil cases, accounting for 40% of the common first-instance civil trials in the same period; 67 administrative cases, accounting for the first-time administrative first-instance 33% of the cases. It can be seen that the types of cases in which the people's jurors participate in the trial are mainly civil cases. The number of administrative cases and various types of cases is relatively stable, but the proportion of first-instance cases in the whole hospital is relatively high and there is an upward trend. According to the survey, civil cases involving people's jurors are mostly socially influential cases and “three rural” group cases.
The production and use of people's jurors. Judging from the investigation and understanding, the way in which the people's jurors in the whole school are produced is mainly the appointment of the people's congress, the appointment of the court, and the recommendation of the unit. Among the original people's jurors, the people's courts appointed themselves. This year, appointed by the National People's Congress according to law, it has formalities for appointment and is relatively standardized. There are two main ways for the use of people's jurors: first, "fixed" use, that is, relatively fixed use of some people's jurors or people's jurors to participate in fixed-type cases; second, "temporary" use, that is, according to the case In specific cases, the people's jurors are temporarily invited to participate in cases in which the court thinks that the people's jurors need to be jury or cause concern from the party committee, the government, and the society.
People's jurors' funding guarantee and management training. The expenses for the people's jurors to participate in jury expenses are mainly lost time, room and board, transportation expenses, etc. These expenses are mostly paid by the court from their own office expenses. The economy of the Three Gorges reservoir area where Wanzhou is located is relatively poor, and the jury funds are not included. Government expenditure at the same level. For the management of the people's jurors, rules and regulations on the management of the people's jurors have been formulated, and the system has been managed; and the people's juror's office has been set up in the political department to specifically handle the coordination, training, supervision and evaluation of the people's jurors. jobs. Judging from the investigation, this year, the training of the people's jurors is mainly conducted in the form of training. The content is mainly the urgently needed procedures, substantive law and related judicial interpretations; and the relevant legal books are also distributed to the people's jurors. .
Second, the problems in the implementation of the people's jury system are not enough in implementing the people's jury system. The operation of the system is not satisfactory, and the expected value and application effect have not been fully exerted. The "Decision" of the Standing Committee of the National People's Congress on the improvement of the people's jury system has been passed and will be implemented on May 1 this year. Studying the current problems will be of great benefit to the better implementation of the "Decision."
The people's jurors "without trial" and "trial and disregard", and the participation consciousness is not strong. First, most of the people's jurors are recommended by the unit. Most of them are cadres of party and government organs. Many people regard jury as a task assigned by the court. Their initiative and enthusiasm are not high, and they do not care about jury. Second, because of people's jury. The selection criteria for the members are not uniform, and the qualifications are not clearly defined by the law. As a result, the jurors of the people are uneven, and the jury's jury ability needs to be further improved. Third, the jurors participating in the jury are often decided by the investigating judge. The judge has a clear tendency to attach. During the trial, the juror or sitting in the court will sit alone, and will not accompany the trial; or, according to the request of the presiding judge, do some mediation and coordination. In practice, the phenomenon that the people's jurors “accompanied without review” and “reviewed and disregarded” appeared, which made the people's jury system to be improved.
The scope of the jury of the people's jurors is not clear. In the past, the law did not regulate the jury scope of the people's jurors, which led to the fact that in the judicial practice, the people's jurors need to participate in the trial, which is completely decided by the judges. This increases the arbitrariness of the judges and is not easy to operate in actual work. In order to solve this problem, the scope and number of people's jurors' trial cases are stipulated, mainly limited to professional cases, marriage and family cases, juvenile crime cases, and socially influential cases, but in fact According to that.
The issue of the treatment of the people’s jurors during their duties is difficult to implement. The "Organization Law of the People's Court" does not make specific provisions on the subsidies and sources of funds of the people's jurors, making it difficult for the court to grasp the standard of compensation for the jurors, and the courts are tightly funded, and the subsidies for the people's jurors are less. If this problem continues to be unresolved, it will be difficult to mobilize the enthusiasm of the people's jurors, and it is difficult to attract high-quality jurors to participate in the trial activities, which will ultimately make the people's jury system inadequate.
The supervision and management mechanism of the people's jurors is not perfect. The courts generally lack specialized agencies for the management of people's jurors. The work procedures, daily management, and economic treatment of the people's jurors are also blank and there is no charter. At present, there is a "pragmatism" thinking for the people's jurors, and they are ready to come and go. Due to the lack of clear supervision and management measures for jurors in the trial of the case, the jurors' risk awareness and sense of responsibility are not strong. Some jurors are too busy to work in the court and do not participate in the trial and collegiate. Since the current system of investigating cases has not been fully standardized, there is no legal provision for how to deal with wrong cases caused by jurors. This is prone to jury members' "black-box operation" problem, which is not conducive to judicial justice and court image.
3. Suggestions for implementing and perfecting the people's juror system:
In order to implement the "Decision on Perfecting the People's Juror System", the Supreme Court and the Ministry of Justice successively issued the "Implementation Opinions on the Selection, Training, and Assessment of People's Jurors" and the "Administrative Measures on People's Jurors" for jury trials. Specific comments were made on the selection, training, assessment and management of the staff. In accordance with the "Decision" and the relevant normative opinions of the Supreme Court and the Ministry of Justice, we must do a good job of the "five mechanisms" and truly implement the people's jury system.
It is necessary to establish and improve the management mechanism of the people's jurors. The "Decision" stipulates the appointment, dismissal, case trial, training, assessment and commendation of the people's jurors, so the people's jurors must be managed in all aspects. First, establish the jury's management organization, selection, training, rights and obligations, the scope of participation in the trial, the treatment, rewards and punishments, etc., to make clear provisions, not only to clarify the rights of the people's jurors, to protect the exercise of their rights, but also to clarify Responsible for the establishment of people's jurors' behavioral norms and detailed work quality assessment standards. The second is to set up a special people's juror management office in the political work department, as the management body of the people's jurors, responsible for the selection, daily management and training of the people's jurors. A personal juror's file shall be established for each people's juror, and his personal resume, application or recommendation, appointment, participation in trial activities, and rewards and punishments shall be recorded in detail, and inspections and assessments shall be conducted regularly, and outstanding performance shall be commended. Third, in order to facilitate the needs of the people's courts to hear cases, the people's jurors can be "centralized management, classified use." The use of the people’s jurors shall be the responsibility of the filing court. In principle, the use of the people's jurors should be submitted by the case contractor or the relevant parties, and the people's assessor's office should be determined by random selection, but the professional expertise of the jurors and the nature of the case should also be considered. In particular, cases with strong professionalism involving women's and children's rights and special circumstances may be randomly selected from relevant categories according to different classifications of people's jurors. For medical dispute cases, it can be taken from the people's jurors who understand medicine; marriage and family, women's rights protection cases, from the selection, training, and commendation of female people's jurors need the cooperation and support of the judicial administrative organs, can take Establish joint meetings, establish a unified leadership group, etc., and strengthen cooperation with the judicial administrative organs.
It is necessary to establish and improve the training mechanism for people's jurors. The people's jurors have the same rights as the judges in the trial of the case, and can either determine the facts or apply the law. Therefore, it is necessary to have a team of people's jurors who know the law, understand the law, and are familiar with the trial work of the people's courts. Strengthening the training of the people’s jurors is necessary and significant. It is necessary to establish a training system for people's jurors and conduct initial training and regular training for people's jurors. The post training of the people's jurors must be included in the court's annual training plan and regular training of the people's jurors. The training content of the people's jurors shall include the trial system, laws and regulations, judicial interpretation, rules of evidence, trial ethics and trial discipline. The focus is on improving the legal literacy and ability of the people's jurors.
It is necessary to establish and improve the program guarantee mechanism for the people's jurors. The main tasks of the people’s jurors are to participate in trials, to obtain evidence, to determine facts, and to apply laws. Therefore, the specific operation of the people's jury system should emphasize the mode of trial and the guarantee of procedures. The guidance of the judges to the people's jurors should be strengthened and regulated, and the people's jurors should not only explain the law, but also imply or induce the jurors. The judge shall explain to the people's jurors the general rules of evidence collection, identification of facts, and application of the law, showing the facts of the evidence and the focus of the legal dispute, and objectively explaining the selected interests and consequences, but not infringing the independent judgment of the jurors. The juror cannot be forced to follow the judge's opinion. People's jurors participate in court sessions, investigations, mediations, and express opinions based on evidence and facts confirmed by the heart. According to the "Decision", the people's jurors may submit the case to the president to decide whether to submit the decision to the trial committee if there is a big difference in the judgment of the case. In the event that a judge is inconsistent with the opinions of two people's jurors, a procedure for submitting a decision to the Judicial Committee may also be initiated.
It is necessary to establish and improve the supervision and restriction mechanism of the people's jurors. The people's jurors are the supervisors of the court's work, and the supervision of the jurors is the supervision of the supervisors. In order to ensure the authority of supervision, the people's court should be implemented jointly with the people's congress and the judicial administrative organ. The supervision of the jurors should be linked to the management of the judges. First, it should be included in the scope of supervision and inspection by the NPC. The people's jurors are appointed and dismissed by the National People's Congress. Therefore, the people's congresses should conduct regular inspections and appraisals of the people's jurors, and regularly listen to the work reports of the people's jurors. It is necessary to effectively protect the people's jurors from external interference when trying cases. It is necessary to punish the people's jurors who deliberately misjudge. The second is to clarify the people's court's management permission for the people's jurors. Although the people's jurors perform the same judicial duties as the judges, they are not court staff after all. The supervision of the people's jurors should be based on ex ante supervision, supplemented by post-supervision supervision. If a people's juror violates the rules during the execution of the trial, if the people's court criticizes the education and refuses to correct it, it may propose to cancel the qualification of the jury; if it is seriously contrary to its duties, it may recommend that the unit or party organization give administrative or party disciplinary action. If it constitutes a crime, it shall be referred to the judicial authority.
It is necessary to establish and improve the financial security mechanism for the people's jurors. Funding guarantee is the premise and basis for implementing the people's jury system. Without the guarantee of funds, the people's jury system will be in the form. Therefore, the people’s courts shall grant subsidies for transportation, dining and other expenses incurred by the people’s jurors for participating in trial activities. It is necessary to determine the transportation subsidy standards, dining standards, etc., for implementation. When the people's jurors obstruct their participation in the trial work during the execution of their duties, deducting or disguising their labor benefits such as wages and bonuses, the people's court may impose a judicial proposal or accept the relevant provisions of the Civil Procedure Law. At the same time, the people's courts and the judicial administrative organs shall include the subsidies for the people's jurors to participate in the trial activities and the expenses required for the implementation of the jury system, and shall be included in the operating expenses of the people's courts and judicial administrative organs, and the people's governments at the same level shall guarantee the annual budget. Amount is paid. In order to effectively solve the problem of the people's jurors' funds from the court, it is recommended that after the court reports the consent to the people's congress at the same level, the government issues a normative file to provide reasonable transportation expenses and room and board expenses for the people's jurors during the performance of their duties. The actual reimbursement shall be paid, and the lost time shall be paid according to the regulations; the people's jurors participating in the trial shall also be given a certain amount of subsidies, and the specific standards may be determined according to the actual conditions of the local living standards.