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To be a qualified people's assessor, it is necessary to have certain conditions in terms of political ideology, cultural quality, moral cultivation, public trust, willingness to contribute, and fairness and democracy.
First, they should be diligent in their studies and strive to improve their political literacy, cultural quality, and legal accomplishment.
The second is to establish a sense of participation and responsibility, and be the embodiment of fairness and justice. Jurors participate in the administration of justice on behalf of the broad masses of the people, and their responsibilities are to uphold justice, take into account the overall situation, and maintain social stability. Participation in the trial is both a political honor and a legal mission.
Third, it is necessary to do a good job in the building of work style and cultivate good professional ethics and judicial style.
Fourth, it is necessary to correctly handle the relationship with judges and lawyers. We should communicate and communicate with judges and lawyers frequently, learn from their extensive professional knowledge such as the application of legal provisions, the experience of typical cases, and the mediation of civil disputes, so as to enhance the feelings between each other and learn from each other's strengths and weaknesses. At the same time, in the entire process of participating in cases, it is necessary to play a supervisory role to ensure judicial fairness and integrity.
Fifth, give full play to the advantages of people's assessors and be a good "member of the several majors". A people's assessor is a supernumerary judicial impartiality with a special status and special duties, and in order to be a qualified people's assessor, it is also necessary to adjust the role in a timely manner, and no matter what kind of situation it encounters, the people's assessor can change the role of the work.
With the continuous progress of society, all kinds of new problems will still arise, and the people's courts, as the state's specialized adjudication organs, will have a more severe task of safeguarding reform and development and stability, and will face an even more arduous mission. For this reason, people's assessors should all the more assist the people's courts in doing a good job of all work in accordance with the law, actively explore and work hard to practice, constantly accumulate and summarize new experiences, and make efforts to promote judicial fairness and build a harmonious and stable socialist society, and be a qualified people's assessor.
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From the 1949 "Common Program" and the 1951 "Provisional Organization Regulations of the People's Courts" stipulated the jury system, the 1954 Constitution recognized it as a constitutional system, and its article 75 clearly stipulates: "The people's courts shall implement the people's assessor system in adjudicating cases in accordance with the law", to the adoption of the "People's Assessors Law of the People's Republic of China" on April 27, 2018, we have gone through 71 years from the improvement of the system to legislation. It has also passed the stage of jurors' personal performance of duties from confusion to legislative confirmation, and has entered a new era. The judicial value orientation of jury trials to promote fairness and justice is based on the core "mission" of the "People's Assessors Law of the People's Republic of China", "Measures for the Selection and Appointment of People's Assessors", the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the "People's Assessors Law of the People's Republic of China" issued by the Supreme People's Court, and the "Measures for the Training, Evaluation, Reward and Punishment of People's Assessors" issued by the Supreme People's Court and the Ministry of Justice. Role and mission", while improving itself, it also gives full play to the function of fact-finding, exercises rights and fulfills obligations in accordance with the law.
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First of all, you must have a certain amount of legal experience, and you must have integrity and good reputation.
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This condition is still quite complicated, first of all, you must understand the Fa, you must have professional knowledge, and so on
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Have a fair and righteous heart.
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The procedures for people's assessor applications are as follows:
1. The announcement of the election is public. Use newspapers, television stations, information networks, and posting selection announcements to publicly announce the selection of people's assessors, and put forward the selection requirements in a specific, clear, and concise manner;
3. Qualification review is public. After the People's Appraisal and Balance Zheng Assessor Management Office of the People's Court conducts a verification of the basic circumstances of the applicants, it is to draft a written decision on the selection of people's assessors;
4. Establish archives. Strengthen the management and performance evaluation of people's assessors.
People's Assessors Law of the People's Republic of China.
Article 5. Citizens serving as people's assessors shall meet the following requirements:
1) Support the Constitution of the People's Republic of China.
2) Be at least 28 years old;
3) Abide by the law, be of good character, be fair and upright;
4) Have the physical capacity to perform their duties normally.
Serving as people's assessors shall generally have a high school education or higher.
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1. Be diligent in studying, and strive to improve political literacy, cultural quality and legal accomplishment;
2. Establish a sense of participation, a sense of responsibility, and be the embodiment of fairness and justice;
3. Pointing to the stool to do a good job in the construction of work style, and cultivate good professional ethics and trial style;
4. Correctly handle the relationship with judges and lawyers;
5. Give full play to the advantages of people's assessors and be a member of several major committees.
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Be diligent in studying, and strive to improve political literacy, cultural quality, and legal accomplishment. "People's assessors who are not members of the people's courts participate in trial activities in accordance with law, and enjoy the same rights as judges, except that they must not serve as the chief judge." 2.
Establish a sense of participation and responsibility, and be the embodiment of fairness and justice. Jurors participate in the administration of justice on behalf of the broad masses of the people, and their responsibilities are to uphold justice, take into account the overall situation, and maintain social stability. Participation in the trial is both a political honor and a legal mission.
3.Do a good job in the building of work style, and cultivate good professional ethics and judicial style. The test of trial style for every people's assessor, in real life people's desires are strange, people are accustomed to the trial commonly known as "lawsuits", a small number of people in order to obtain their own interests, will use all the relationships that can be used to interfere with judicial fairness, this is a severe test for people's assessors.
4.Correctly handle the relationship with judges and lawyers. We have to communicate and communicate with judges and lawyers on a regular basis.
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The role of people's assessors: First, give play to the role of "adjudicators" to improve the quality of cases. The second is to pay attention to giving play to the role of people's assessors as civil mediators.
The third is to give play to the role of people's assessors as supervisors. People's assessors are people's assessors work guidance groups established by people's courts at all levels to guide people's assessor management work. The people's meritocratism management of jurors includes the personnel management of people's assessors and the daily management of people's assessors' participation in trial activities.
The people's courts' political work departments are responsible for people's assessor personnel management efforts. Political work departments are to establish non-permanent bodies or designate special personnel to be responsible for the personnel management of people's assessors. The people's court's day-to-day management of people's assessors' participation in trial activities is to be designated by the Qingmin People's Court on the basis of actual conditions.
Organic Law of the People's Courts of the People's Republic of China
Article 30. The collegial panel is composed of judges, or judges and people's assessors, and has an odd number of three or more members.
The collegial panel is presided over by a judge. When the court president or division chief participates in the trial of a case, he or she is to serve as the chief judge.
The chief judge presides over the trial, organizes the deliberation of the case, and has equal rights with the other members of the collegial panel when deliberating the case.
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