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The author:(作者)qqpublished in(发表于) 2014/6/9 6:23:35 Dongguan’s unique system of solving 2 1 judge jurors criticized
Dongguan grand jury will no longer be a foil
A judge and two jurors, equal scoring, the Senate, voting
The core reading
Household than a serious upside down, public social development have long been, much less 6 consecutive years, the number of judges per capita close to Guangdong, Dongguan, which forced an early exploration of people's assessor system innovation. How to really crack the "walk without trial"? Dongguan original "1+2" mode on that jury, ' right to protect the judges and people's assessors enjoy equality, right to participation, the right to dissent and face the current jury system "Achilles heel", and some research has yet to be tested.
One morning not long ago, the Dongguan intermediate people's Court of the Court, a minor robbery to death here for trial. Wearing a gray t-shirt "thin man" Li Qiangji two judges, dressed in a black robe and sat side by side in the judgment seat, bow their heads and turned over the documents, take off your reading glasses from time to time, look up at the suspect.
"Several children in the field, is 77 years old, said to go out and make some money, stealing motorcycles; people resist these kids took out a knife stab, stabbed four times, causing death. "A matter of an hour, he had a pretty good idea on the merits. "After a while, also told the judge the collegiate, in accordance with three of one person, one vote principle of the minority subordinate to the majority to decide the verdict. So the two ideas if they have differences, my vote is critical then. "Li Qiangji told reporters once again stressed that regardless of his more than 60 years old, but had worked in the city for decades, and 4 years as a juror, the law is very familiar.
In Dongguan, Li Qiangji as a "people's assessors", 226 people, will continue to expand in the future. According to the Guangdong provincial higher people's Court of "doubling plan", the province will add jury 3,700 in two years. However, since the introduction of the jury system, and the jury became the "Sidekick", attracting many complaints.
Employment with "with"
Year budget special funding to subsidize jurors
"The jury system is a practice of judicial democracy, lack of knowledge structure can make up for the judge, but also help enhance judicial credibility. "High people's Court of Guangdong Province local cadres of the political Department Director Chen Dongru said. However, in practice, good system has also gone. In some places, people's assessors employed by the poor quality, lack of basic capacity. In some places, people's assessors is seen as dispensable, even if "with" and also please sign to walk away.
System implementation, material base needs to be coordinated. This reporter learned that, to put an end to "external rather than", Director of the Dongguan intermediate people's Court for political office, spokesman Yin Zhenyu said that Dongguan year budget special funding, introduction of earmarking; the establishment of people's assessors subsidy machine account system and jury allowances on time and in full each month.
To ensure that employment will "accompany" intermediate people's Court of Dongguan organizes an annual appraisal. Did not participate in the hearing without due cause, when the assessment directly as incompetent. Test for two consecutive years failed to carry, that is exempted from jury duty.
Today, a large number of invited the jury to take part in the trial, levels in four courts in Dongguan has become the norm, and the jury rate raise year by year. In 2013, the city's total, three grass-roots people's assessors of the Court's jury case 16643, accounting for 98.87% of the total procedure in cases; the Criminal Court jury last year reaching 92.3%.
Houjie, Dongguan's second court Court jury Wu Jinyuan jury was impressed-the trial of the case on the table, in addition to sitting judges of the presiding judge, and the remaining two are people's assessors, which is part of the past "two judges plus one juror" habit of combination, the first "1+2" new model of jury. In 2013, the "1+2" model of jury cases as 370 cases.
"As the two-judge, high degree of participation in cases, feel more significant. "Wu Jinyuan said that the advantages of this new model is that judges can be more than the number of people's assessors in, avoiding juror as" decoration ". "Involve more jurors in the trial, to influence the community around the crowd, received a good social effect. "Dongguan Office Director Tan Guohong said of courts of second instance.
Keep "fishing expeditions"
Perfect the participation mechanism to protect judges and jurors enjoy the ' right of equality, right to participation, the right to dissent
"The administrative decision of the Bureau of land and resources, is there any damage to the actual interest you? "The second court in Dongguan city, in an administrative case, Li Qiangji key asked in court, plaintiffs asked the villagers to silence.
It turns out that the villagers call a stag a horse, case of a mistake in the land sector, a former homestead don't belong to handle the land certificate. Bureau of land and resources have been after investigation and verification, and cancelled the certificate. The villagers of pique, national land agency to court, eventually was dismissed by the Court.
Just like Li Qiangji, jurors not only to "the", and "fishing expeditions". "To achieve this, a quality, ' he can '; II mechanism, ' him '. "Yin Zhenyu antibody capable and articulate.
Dongguan focus on inviting highly qualified professionals, and training towards the normalization of the jury. 226 people's jurors, such as teachers, doctors, psychologists, accounted for more than half.
"To this end we broke two limitations: first, the household registration restrictions, often living in Dongguan, with a performance of real conditions and the ability of citizens, open to the participation of elected second area restrictions, various grass-roots courts are elected city-wide people's assessors. In addition, we also actively to factories and enterprises, trade associations, trade unions, neighborhood, schools and other units issue an invitation. In this way, one is guaranteed the juror selection expert, the second is to ensure that jurors can get the Organization's understanding and support for the work. "Yin Zhenyu said.
In 2011, "desperate mother" Han Qunfeng drowning case attracted much attention. The people's juror Zhong Baimao is Deputy Director of the hospital in Dongguan city, who, with his professional background, Han Qunfeng mental state at the time of affirmation and the victim's condition has provided professional support and references. 2012 hit Dongguan Zhongtang "poisonous sausages" case, the jury Li Heng was Dongguan city Guancheng Hospital Department of Radiology, Medical Director of, the dangers of food provided scientific evidence, reasonable professional reference.
The perfection of the mechanism is to ensure that the core of the role of the jury. Sitting Qian 5 days, notification jury to court scoring, understanding merits; judge has guidelines obligations, will cases basic situation or controversy focus for necessary of description; trial stage, jurors enjoyed and judge equal of power, in presiding judge of presided over Xia to party questions, ensure trial stage full review evidence, and identified facts; implementation judge and jury "two-way review", on clerks Chamber Qian whether on time notification parameter trial and the scoring, and judge whether on time sitting, and trial Shi whether let its on cases of facts for questions, and Collegiate allowed to express their views fully, and so on, let the jury became a supervisor, told the court room feedback encouraged the jury to work independently, for example, conduct relevant research, found the mediation the parties ... ... Reporters noted, this series of programs, is written "juror application methods for management" and a system to protect the customary practices.
"Le"
If two jurors disagree, judges have to follow the jury's advice
The jury stayed with also, but their opinions can be accepted, have the right to speak? Dongguan Ke garden middle school guidance department Deputy Director Zhang Fengfang told one of his cases:
One contractor suggested his men will come demanding creditors killed, hit man was sentenced to suspended death sentences, but the contractor because of a lack of direct evidence in support of its "unequivocal", the judge advocate was sentenced to 5 years. Zhang Fengfang and another jury also carefully studied the case file and field survey, found that the contractor who had been cunning, creditors door, the two sides clashed, he told his men to "eat", it is "flat", final two cast of "heavy penalty" decided the outcome of the case.
It make reporters feel that the jury not only participation, but also "matter". In the review phase of the case, in order to avoid preconceptions of the judges, after the jury express their views fully, talk to judges, and all comments are recorded in the collegiate record.
Decision process, identification, law applicable to an independent jury to the fact that the exercise of voting rights; and on the judgment document signed, on the joint responsibility of the referee. "Voting is strictly one person, one vote, the minority is subordinate to the majority. "Tan Guohong said, especially in the" 1+2 ", the judges opinion strongly again, as long as the two people's assessors do not agree, finally have to follow the jury's advice.
Yin Zhenyu said that at present, the security initiatives of the people's assessors role still in highlighting the dimensions of, requirements, practices, and relatively loose. "Next to the recruitment, training, appraisal and other various links for Combs, formed a set of independent of individual will transfer practice manual. ”
Reporters noted, currently at the national level, on the institutional construction of people's assessors are relatively weak, such as which cases need to introduce the jury, people's assessors shall possess what hard conditions, how to assess, are only some of the provisions of principle, the lack of more precise refinement of standardized, resulting in uneven levels. In this regard, the experts suggested that the crack people's assessors "keep without trial" in some places to explore, the full demonstration and test on the basis of increased legal provisions. (Reporter He Linping)
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