Back in August 2004, the Standing Committee of the National People＇s Congress, the highest legislature of China, published the Decision on Improving the People＇s Assessor System （hereinafter referred to as the Deci...Back in August 2004, the Standing Committee of the National People＇s Congress, the highest legislature of China, published the Decision on Improving the People＇s Assessor System （hereinafter referred to as the Decision）. Since it became effective on May 1, 2005, the Decision has proved important to ensuring the right of citizens to participate in activities of adjudication in accordance with the law. It has helped expand judicial democracy and safeguard the legitimate rights and interests of the litigant parties.展开更多
In the process of transition from the rural China to modern society,the people's assessor system mainly reflects the citizens' individual participation.However,organized judicial participation has not been pai...In the process of transition from the rural China to modern society,the people's assessor system mainly reflects the citizens' individual participation.However,organized judicial participation has not been paid enough attention in either institutional design or in the actual operation.Judicial participation of social organizations has important significance not only in highlighting the value of people's assessor system,but also in getting out of the "presenting without substantive hearing"predicament in practice.Therefore,the people's court shall guide the orderly participation of social organizations in justice,and make social organizations play a more important role in people's assessor system.展开更多
Legislatively,the people’s assessors are defined as individuals who share judicial power.However,in the context of dispute resolutions,their role is restricted by the courts,which affects the extent of their assessor...Legislatively,the people’s assessors are defined as individuals who share judicial power.However,in the context of dispute resolutions,their role is restricted by the courts,which affects the extent of their assessorial activities.It is imperative to reconsider the implications of the people’s assessors’deep involvement in mediation from the standpoint of societal division of labor.To enhance this division of labor,it is advisable that the people’s assessors relinquish their mediation roles.It is necessary to redefine the distinctions between people’s assessors,judges,and people’s mediators,including specially invited mediators.This would not only make up the deficiencies in the role of professional judges but also relieve the tension between judicial professionalism and popular accountability.展开更多
文摘Back in August 2004, the Standing Committee of the National People＇s Congress, the highest legislature of China, published the Decision on Improving the People＇s Assessor System （hereinafter referred to as the Decision）. Since it became effective on May 1, 2005, the Decision has proved important to ensuring the right of citizens to participate in activities of adjudication in accordance with the law. It has helped expand judicial democracy and safeguard the legitimate rights and interests of the litigant parties.
文摘In the process of transition from the rural China to modern society,the people's assessor system mainly reflects the citizens' individual participation.However,organized judicial participation has not been paid enough attention in either institutional design or in the actual operation.Judicial participation of social organizations has important significance not only in highlighting the value of people's assessor system,but also in getting out of the "presenting without substantive hearing"predicament in practice.Therefore,the people's court shall guide the orderly participation of social organizations in justice,and make social organizations play a more important role in people's assessor system.
文摘Legislatively,the people’s assessors are defined as individuals who share judicial power.However,in the context of dispute resolutions,their role is restricted by the courts,which affects the extent of their assessorial activities.It is imperative to reconsider the implications of the people’s assessors’deep involvement in mediation from the standpoint of societal division of labor.To enhance this division of labor,it is advisable that the people’s assessors relinquish their mediation roles.It is necessary to redefine the distinctions between people’s assessors,judges,and people’s mediators,including specially invited mediators.This would not only make up the deficiencies in the role of professional judges but also relieve the tension between judicial professionalism and popular accountability.
