What is a people s assessor? How was it chosen?

Individual applications must be submitted in writing to the judicial branch of the jurisdiction where the household registration or habitual residence is located.

People's assessors are created in accordance with the "People's Assessors Law of the People's Republic of China" and serve the same duties as judges in the court's trial work, and are responsible for understanding the facts of the case and dealing with the public and the people.

Legal Analysis: 1. Qualifications are different. People's assessors do not need to pass judicial examinations, and in the course of a case, except that they cannot serve as the chief judge, they have the same rights and obligations as judges, and are members of the collegial panel of a case.

Adjudicators need to obtain a judge's qualification certificate and may serve as the presiding judge. 2. The remuneration system is different. A paid system is implemented for people's assessors participating in the trial of cases.

Judges, on the other hand, are state civil servants of the state, and the trial of cases is their own work, and they receive state salaries. 3. The status of the case handling is different. People's assessors also do not participate in the enforcement of cases, and juries cannot be on the same footing as judges in the course of trying a case, and after the judge has made a conclusion on the case and made a verdict, the jury must express their opinions on the facts of the case, and their opinions play a decisive role in the judgment of the case to a certain extent.

Legal basis: "People's Assessors Law of the People's Republic of China" Article 20: The chief judge shall perform the obligation to provide guidance and reminders related to the trial of the case, but must not obstruct the people's assessors' independent judgment of the case. When the collegial panel deliberates a case, the chief judge shall give the people's assessors necessary explanations and explanations of matters such as the determination of facts, rules of evidence, and legal provisions involved in the case, as well as issues that should be paid attention to.

Legal Analysis: People's assessors are the personnel involved in the review and trial of cases.

There are 5 forms of juror participation in the trial:

1. Under the authorization of the presiding judge, jurors may serve legal documents on the parties;

3. For some simple cases, after the parties submit an application, the jurors can mediate the case alone, and the mediation result has legal effect;

4. The jurors come from the masses, such as the clerks of a certain town, who can know the clues of the local person subject to execution for the first time and use them for the execution of the case;

5. In the trial of a case, jurors may exercise independent voting rights, and the result of the collegial deliberation shall be determined by the number of votes before the deliberation is rolled over. In fact, the final verdict is a judgment in which the minority obeys the majority, and the duties of people's assessors are to have the same powers as judges, except that they are not allowed to serve as presiding judges.

Legal basis: People's Assessors Law of the People's Republic of China

Article 3: People's assessors enjoy rights such as to participate in trial activities, to independently express opinions, and to obtain safeguards for the performance of their duties in accordance with law.

People's assessors shall faithfully perform trial duties, keep trial secrets, pay attention to judicial etiquette, and preserve the judicial image.

Article 15: In any of the following circumstances, where people's courts hear first-instance criminal, civil, or administrative cases, the people's assessors and judges are to form a collegial panel to conduct it:

1) Involving group interests or public interests;

2) Where the public is widely concerned or has a larger social impact;

3) The case is complicated or there are other circumstances that require people's assessors to participate in the trial.

Where people's courts try the cases provided for in the preceding paragraph, and the law provides that a judge is to hear the case alone or a collegial panel composed of judges, follow those provisions.

The number of people's assessors is to be determined by the basic level people's courts on the basis of the needs of the trial case, and by the standing committee of the people's congress at the same level. The number of people's assessors is not less than three times the number of judges in that court.

The judicial-administrative organs, in conjunction with the basic level people's courts and public security organs, are to randomly select from the lists of permanent residents in their jurisdictional jurisdiction five times or more of the number of people's assessors to be appointed as candidates for people's assessors, and conduct a review of the qualifications of the candidates for people's assessors, and solicit the candidates' opinions.

The judicial-administrative organs, in conjunction with the basic level people's courts, are to randomly select people's assessor candidates from the list of people's assessor candidates who have passed the qualification review, and the president of the basic level people's court is to request that the standing committee of the people's congress at the same level appoint them.

As needed for trial activities, candidates for people's assessors may be selected through individual applications and recommendations by the unit, basic-level mass autonomous organizations or people's organizations for the place of household registration or habitual residence, and upon the judicial-administrative organs, in conjunction with the basic-level people's courts and public security organs, conduct a qualification review to determine the candidates for people's assessors, and the president of the basic-level people's court is to request that the Standing Committee of the people's congress at the same level appoint them.

People's assessors produced in accordance with the provisions of the preceding paragraph must not exceed one-fifth of the number of people's assessors.

After people's assessors are appointed by the Standing Committee of the people's congress, they shall publicly take the oath of office. The oath-taking ceremony is to be organized by the Grassroots People's Court of Justice in conjunction with the judicial-administrative organs.

The people's assessor system has long been de facto abolished.