On the Application of Lay Assessor System under the Idea of Deliberative Judicial Democracy
In its good state,the lay assessor system does not only enable individual cases to be decided in a democratic way,but also allows the public to participate in the public governance of some issues with binding force by taking litigation as a channel.To improve and apply the system of people's assessors according to the idea of deliberation is an important way to practice the"whole process of people's democracy"in the judicial field.Firstly,it is necessary to let a considerable number of assessors form the decision-making group,the members of which are representatives in a typical sense,close to the role of"general audience",and thus introducing diversified decision-making and intellectual resources.Secondly,it is important to pay attention to the process of debate and discussion before voting to ensure that the corresponding rules are formulated subject to the requirements of legitimacy,and procedural law and evidence law are committed to shaping the"ideal speech situation".Finally,it is advisable to emphasize the high consistency of the voting rules and seek a plan with maximum acceptability.The letter of norms and operational practice of people's participation in the trail as assessors show not only its general compatibility with the idea of deliberative democracy,but also many deviations.It is necessary to honor the existing legislation,consider the feasibility in judicial practice,and adjust the application of the people's assessors system according to the idea of deliberative democracy.
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维普
