Since the People's Assessors Law of the People's Republic of China was officially promulgated and implemented on April 27, 2018, the first special law on the people's assessor system in mainland history has gone through four years. The people's assessor system is an important form of people's democracy on the mainland, an important part of the socialist judicial system with Chinese characteristics, an effective form of the people's participation in the judiciary and supervision of the judiciary, and an important embodiment of the people's mastery in the judicial field. As "judges who do not wear legal robes", they are the bridge between the court and the masses, and they understand the people's feelings, understand the will of the people, and are grounded, which is conducive to the smooth resolution of contradictions and disputes, promotes judicial fairness, and enhances judicial credibility. On the occasion of the 4th anniversary of the implementation of the People's Assessor Law, let us learn about the jury work experience and publicity achievements of the Cangzhou court together, and listen to the voice of the people's assessors in performing their duties.
Work experience as a people's assessor in the Huanghua Court
In recent years, the Huanghua court has attached great importance to the work of people's assessors, made every effort to promote the construction of the people's assessor system, adopted practical and effective measures, and conscientiously done a good job in the selection, appointment, removal, training, and management of people's assessors. The professional knowledge and public thinking of people's assessors and judges' legal literacy and professional thinking form an effective complement, effectively enhancing the transparency of trial enforcement work, enhancing the people's supervision of court work, and effectively enhancing judicial credibility.
I. Basic situations on the implementation of the people's assessor system
There are currently 126 people's assessors in the Huanghua Court, and the jurors are composed of advanced elements from party and government organs, enterprises and public institutions, villages, communities, individual industry and commerce, and other social industries and classes, which are extensive and representative. In the first quarter of 2022, people's assessors participated in the trial of 23 civil cases, 34 criminal cases, and 1 administrative case, with a total of 58 cases and 102 person-times.
Second, promote the establishment of rules and regulations, and strengthen training management
The Political Department is responsible for managing and establishing an information database on people's assessors, and has successively formulated the "Implementation Measures for the Management of Assessors in the People's Courts" and the "Measures for the Management of People's Assessors (for Trial Implementation)," which clearly regulate the selection conditions, selection methods, operational procedures, management supervision, methods of participating in trial, professional ethics, rights and obligations, work rules, assessment and training, subsidies, and so on, thus ensuring the full play of the jury function from a system point of view.
The Huanghua court has strengthened the training and management of people's assessors, arranged for new training, conducted in-depth study of laws and regulations such as the Civil Procedure Law, the People's Assessors Law, the People's Mediation Law, the Provisions on Several Issues Concerning Mediation Work, and several Opinions on Establishing and Improving a Mechanism for Resolving Contradictions and Disputes Linking Litigation and Non-litigation, and continuously improved and updated the legal knowledge structure of jurors by holding study classes on new laws and regulations, conducting trial observations, and special seminars.
III. Implement subsidies for the treatment of people's assessors, and actively organize quantitative assessments
The higher level approves that the people's assessor's funds shall be included in the transfer payment of case handling funds by the higher level, and the people's assessors shall give subsidies according to the actual working days. The Huanghua court conducts regular quantitative evaluations of the performance of jurors, includes them in the court's judge evaluation reward and punishment system, and summarizes and reports on the number of people's assessors' participation in trials and mediations in the six months and at the end of the year, the results achieved, and the existing problems, and gives appropriate rewards and punishments, which encourages the enthusiasm of people's assessors to do a good job in trial work. Comrade Zhang Jinlou, a juror and mediator, has been rated as excellent for many years, and his deeds have been widely publicized in the Cangzhou court system through feature films and essays.
Fourth, highlight the work
The Huanghua Court actively explored the working mechanism of jurors presiding over mediation, and at the beginning of the request to the people's congress to appoint jurors, it gave some jurors the function of mediators, and while giving play to the role of jurors as "lightning rods", it made full use of trial work resources and improved work efficiency. A large number of sensitive and legal marginal disputes have been properly handled outside the litigation, which has promoted social harmony and stability.
5. Typical deeds
Zhang Jinlou, a Hui nationality over 70 years old, has participated in the trial of cases as a people's assessor in the Yangerzhuang court since 2009. The jurisdiction area of the Yangerzhuang court is Yangerzhuang Hui Nationality Town, Xincun Hui Nationality Township and Huanghuagang Port District, with a wide jurisdiction area, a large number of cases, complex public feelings, and sometimes involving ethnic brother disputes or village customs and folklore issues, and the judges have no way to mediate, Zhang Jinlou took the initiative to undertake the mediation work of the court, taking advantage of his own understanding of hometown conditions, legal knowledge, life experience and rich experience in grass-roots work to mediate the contradictions involved in the litigation of marriage and family, neighbor disputes, damages and so on.
As the saying goes, "it is difficult for a clean official to cut off household chores", and the mediation of trivial matters is not only time-consuming and laborious, but sometimes unpopular. But Zhang Jinlou said: "I was born in the countryside, grew up in the countryside, from small to large people to live these things, can give everyone a thing, solve the heart of the problem, watch everyone happy, I feel very comfortable in my heart." In the process of mediation, Zhang Jinlou put himself in the shoes of both sides, patiently and meticulously analyzed the interests for everyone, and sometimes severely criticized and admonished, because he was impartial and conscientious and responsible, under the mediation of Zhang Jinlou, the husband and wife broke the mirror and reunited, and the enemy shook hands and made peace, and even the people in the eight townships of ten miles and eight townships were willing to find Zhang Jinlou and said that Zhang Jinlou had thus become an "extra-staff judge" of the Yangerzhuang court, and people used to honor him as "Lou Ye".
In order to save a young couple on the verge of breaking up the family, the 72-year-old Zhang Jinlou accompanied the man to Hengshui, went door-to-door for in-depth mediation, traveled thousands of miles for 13 hours, and finally solved the gap between the two sides. In order to give the 80-year-old man a stable old age, Zhang Jinlou went in and out of the home of the elderly's children more than ten times, and even rushed to the mediation site in the snow, and finally touched the four children, they immediately reached a mediation agreement, saying that they would definitely support the elderly. Zhang Jinlou has gained a high reputation in the hearts of the local people, and has also made him enthusiastic about court work, participating in nearly 600 civil cases of jury trials in the past ten years, presiding over the mediation of more than 1,000 civil disputes, and being rated as "Excellent People's Assessor" by the Cangzhou Intermediate Court.
Sun Jianfeng, a people's assessor of the Xianxian People's Court
My name is Sun Jianfeng, and I was hired as a people's assessor by the Xianxian People's Court after being approved by the county people's congress in 2019. Although the number of times I participated in the jury work was not too much, I cherished every jury process, and the trial after trial not only allowed me to learn more industry knowledge, but also benefited my life a lot. This is inseparable from the care and support of every judge and clerk, and with their care and help, I have accumulated and grown differently from the first time of tension to every time now. I would now like to share my views on my own experience.
I. Strengthen study and strengthen one's own legal concepts
From the first tense trial, I was more aware of my lack of legal knowledge and unceremoniously called myself "legal illiterate.". It is not enough to be a qualified "non-staff legal worker" who is full of enthusiasm, but to continuously strengthen learning and improve self. In the work, we should read more, learn more, ask more questions, and constantly consult relevant legal provisions; use the Internet to consult and learn various legal knowledge in our leisure time in life; when watching television, we also pay relatively much attention to the popularization columns such as "Law Lecture Hall" and "Today's Sayings", constantly pay attention to the analysis of actual cases, combine life experience with the law, accumulate more experience, and improve the level of jury trials.
Second, the jury has brought me the harvest
Through more than a year of jury work, I have deeply felt that people's assessors are a sacred work entrusted by the people and the law, and what it symbolizes is not a right, but an obligation and a responsibility. Let me always tighten the string of law from the ideological point of view, whether in work or life, let me tell my friends and relatives about my trial experience, and publicize the law with practical cases. "Drawing lessons from one another" and summing up and reflecting not only cultivate the professional ethics of their own people's assessors, but also let themselves learn the principles of handling things and the basic principles of being a person, and even use cases to warn everyone around them that this harvest is priceless and cannot be bought with money.
III. Combine oneself and be a good people's assessor
In the future work, we must not only do our own work well, but also take the initiative to learn more legal knowledge, participate in jury work, often communicate with judges and clerks, humbly ask for advice, respect the law, and dare to express our own views. We should study the Law, understand the Law, know the Law, and use the Law, cultivate our own sense of public morality and sense of justice, and treat everyone and everything objectively and rationally. Continue to perform the duties of jurors, bear in mind the people's entrustment, live up to the mission, and contribute to the good image of our county court.
Li Dehua, people's assessor of the Xianxian People's Court
I was honored to be one of the people's assessors of the Xianxian People's Court in December 2017, and I have benefited greatly from this solemn and sacred mission. During the jury, I gained a new understanding of the use of legal weapons to safeguard the legitimate rights and interests of citizens.
First, in-depth study, the effect is obvious. As a member of the people's assessors, in order to improve the level of trial work and calmly devote myself to practical work, I still insist on studying although I am nearly old. During this study, I mastered the effective ways and correct methods of applying the law to solve practical problems, clarified the direction and goal of future efforts, and established the habit and consciousness of consciously studying and using the law.
Second, the content of study is rich and the level is improved. Through the study of cases, we feel the sacredness of the people's assessors' exercise of their rights and the glory of their mission, see their own value, urge people to forge ahead, encourage people, and inspire everyone's sense of pride and honor as people's assessors, people's assessors have heavy responsibilities, the people's assessors have a long way to go, and we also see the real difficulties and hardships in the work of people's assessors. With the love of the cause, with the spirit of water drops and stones, continuous practice, continuous summary, is able to make impressive achievements, is able to gradually become a real expert, summed up in three words: practice, summary, accumulation.
For me personally, every trial is a great learning opportunity. In the trial activities I participated in, whether it is a criminal case or a civil case, there will be a relatively complicated situation, in the face of the arguments of the plaintiff and the defendant, the presiding judge calmly judged, step by step, and clarified the context step by step, so that the original chaotic and complex case gradually became clear. The judges tried cases according to law and the style of impartial law enforcement made me and the audience who were present receive real legal education, and at the same time admire and admire the high level of case handling by the trial judges. I was deeply impressed by the fair, open and impartial work style and serious attitude of the judges. Let me standardize myself with the professional ethics of judges and more seriously establish a good image of contemporary people's assessors.
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