Top people court on April 25, 2019 (on Thursday) afternoon 15 when in top people court entire media news releases hall to hold a press conference, release " top people court about applicable < juror of people of People's Republic of China law > the explanation of a certain number of problems " and " people juror grooms, way of work of assessment, rewards and punishment " . Direct seeding of Chinese network spot, it is direct seeding memoir below.
Insurgent journalist:
We notice, in executive process of people jury system, emphasize wanting to solve all the time " the act as an assessor that be stationed in front courtyard " and " the judge outside making up " problem. Excuse me, " explanation " have in this respect further maneuverability standard?
2019-04-25 15:33:19
Chen Haiguang:
What you say no less than, in the past, exist really in a few court " the act as an assessor that be stationed in front courtyard " " the judge outside making up " phenomenon. To solve this one problem, let people juror produce materiality effect, " explanation " from the following 4 respects make a provision.
Was to make clear the case limits that eliminates applicable act as an assessor to make. For instance, according to code of civil law is applicable and special program, supervise and urge program, fair show press the case that solicits program cognizance, these cases all are belonged to blame appeal to a case, relevant law and judicatory explanation all stipulate not applicable act as an assessor is made clearly, " explanation " give the 5th times reiterate; Again for instance, the ruling does not grant to accept or do not need the case of sessional cognizance, these do not need the case of sessional cognizance, the substance that cannot produce panel joins careful action, " explanation " in also set unfavorable attend cognizance by juror.
2 it is the program safeguard that enters appraise sth through discussion with respect to juror makes a provision. Express individual opinion to make sure from the program panel is truly independent, " explain " dozenth clear, when case of collegiate bench appraise sth through discussion, first by undertake the relevant law that judge introduction case involves, evidence is regular, mix by juror next the judge is ordinal express an opinion, the presiding judge expresses an opinion finally and total union discusses front courtyard opinion.
3 it is the number of the upper limit that join careful that made clear juror further. The upper limit of the number that join careful with annual to juror law makes people panel principle regulation, need " explanation " make clear further to this. " explanation " make clear a requirement the seventeenth times from 3 respects, it is court of the basic level in each should ensure people juror balanced ginseng careful, 2 it is to join careful to count upper limit not to exceed 30 commonly, 3 it is the number that join careful senior people court should declare to put on record after upper limit is affirmatory.
4 it is the activity that is not engaged in having nothing to do with adjudgement to juror makes a provision. What juror fulfills is legal adjudgement duty, do not have service, carry out, receive visit the function outside waiting for course of study, not be the staff member of the court outside making up more. " explanation " make clear the 18th times, various people court ought to depend on standard standard and safeguard juror to enter adjudgement activity, must not arrange juror to be engaged in working with what fulfill legal adjudgement duty to have nothing to do.
