关于完善人民陪审员制度的决定.doc

Decision of the Standing Committee of the National Peoples Congress on Improving the System of Peoples Assessors (Adopted at the 11th Meeting of the Standing Committee of the Tenth National Peoples Congress on August 28, 2004) The following Decision is made in order to improve the system of peoples assessors, ensure citizens to participate in judicial activities according to law and promote judicial justice: Article 1 Peoples assessors shall be appointed in accordance with this Decision, they shall participate in judicial activities of the peoples courts according to law and enjoy equal rights with the judges, except that they cannot serve as presiding judges. Article 2 The trial of the following cases of first instance by the peoples courts shall be conducted by a collegial panel composed of peoples assessors and judges, with the exception of the trial of cases to which the summary procedure is applicable and cases otherwise provided for by law: (1) criminal, civil and administrative cases which have a relatively greater bearing on the society; and (2) cases where the defendants of criminal cases, the plaintiffs or defendants of civil cases, and the plaintiffs of administrative cases apply for the conduct of the trial by a collegial panel with the participation of peoples assessors. Article 3 When a case is to be tried by a collegial panel composed of peoples assessors and judges, the number of peoples assessors in the collegial panel shall be not less than one-third of the total number of the persons in the panel. Article 4 A citizen serving as a peoples assessor shall meet the following requirements: (1) supporting the Constitution of the Peoples Republic of China; (2) having reached the age of 23 years old; (3) being of good conduct, and being impartial and upright; and (4) being in good health. A peoples assessor shall generally be a graduate from a university or college at least. Article 5 No one from the standing committee of a peoples congress, a peoples court, a peoples procuratorate, a public security organ, a State security organ or a judicial administration organ and no practicing lawyer shall serve as a peoples assessor. Article 6 None of the following persons shall serve as a peoples assessor: (1) persons who have been subjected to criminal punishment for criminal offences; and (2) persons who have been discharged from public employment. Article 7 As to the number of peoples assessors, a basic peoples court shall, in light of the need for the trial of a case, advance a request to the standing committee of the peoples congress at the same level for decision. Article 8 A citizen who meets the requirements for a peoples assessor may be recommended to the basic peoples court by the unit to which he belongs or by the grass-roots organization at the place where his permanent residence is registered, or the citizen himself may make an application for the matter, and upon examination made by the basic peoples court together with the judicial administration organ of the peoples government at the same level, the president of the basic peoples court shall put forth the name of the person selected for peoples assessor to the standing committee of the peoples congress at the same level for appointment. Article 9 The term of office for peoples assessors shall be five years. Article 10 It is the right and obligation of peoples assessors to participate in judicial activities according to law. The participation of the peoples assessors in judicial activities according to law shall be protected by law. Peoples courts shall, in accordance with law, ensure that the peoples assessors participate in judicial activities. The units to which the peoples assessors belong or the grass-roots organizations at the place where their permanent residences are registered shall ensure that the peoples assessors participate in judicial activities according to law. Article 11 When participating in the trial of cases as members of a collegial panel, peoples assessors shall independently exercise their right to vote as the establishment of facts and the application of law. The principle of the minority being subordinate to the majority shall be practiced in the deliberation of cases by a collegial panel. Where peoples assessors have differences of opinion with other component members of the collegial panel, such differences shall be put down in writing; and if necessary, the peoples assessors may request the collegial panel to submit the case to the president of the peoples court for decision as to whether to deliver the case to the judicial committee for discussion and decision. Article 12 Withdraw shall be made by a peoples assessor mutatis mutandis pursuant to the provisions of laws on the withdrawal of judges. Article 13 When participating in judicial activities, peoples assessors shall abide by the provisions on the duties performed by judges, keep judicial secrets, pay attention to judicial protocol and preserve judicial image. Article 14 Where, according to law, the trial of a case by a basic Peoples court need to be conducted by a collegial panel with the participation of peoples assessors, such peoples assessors shall be decided on by random selection from their name list. Where, according to law, the trial of a case by an intermediate peoples court or a higher peoples court need to be conducted by a collegial panel with the participation of peoples assessors, such peoples assessors shall be decided on by random selection from the name list of the peoples assessors of the basic peoples court in the city where the intermediate or higher Peoples court is located. Article 15 Basic Peoples courts shall, together with the judicial administration organs of the peoples governments at the same level, conduct training among the peoples assessors in order to enhance the qualification of the peoples assessors. Article 16 Peoples assessors who have achieved significant successes or other outstanding deeds in their judicial work shall be commended and rewarded. Article 17 Where a peoples assessor is in any one of the following circumstances, which is proved to be true through investigation by the primary peoples court, to which he belongs, together with the judicial administration organ of the peoples government at the same level, the president of the primary peoples court shall request the standing committee of the peoples congress at the same level that the peoples assessor is dismissed from service: (1) he himself applies for resignation from the service; (2) he refuses to participate in judicial activities without justifiable reasons, thus adversely affecting the normal process of the judicial work; (3) he is in one of the circumstances as specified in Articles 5 and 6 of this Decision; and (4) in violation of laws and regulations on judicial work, he resorts to malpractices for personal gains, thus leading to an erroneous judgment or other serious consequences. If a peoples assessor commits the act as specified in Subparagraph (4) of the preceding paragraph, which constitutes a crime, he shall be investigated for criminal responsibility according to law. Article 18 With respect to the expenses paid for their transportation and meals by peoples assessors in order to participate in judicial activities, the peoples courts shall give subsidies. During the period when the peoples assessors who have work units participate in judicial activities, the units to which they belong shall not withhold or withhold in disguised form, their wages, bonuses and other welfare benefits. During the period when the peoples assessor