The Formation of a "Seven-Member Collegial Panel" is a full court to openly hear criminal incidental civil public interest litigation cases

On September 17, the Fengman District People's Court of Jilin City adopted the "3+4" (i.e., 3 judges and 4 people's assessors) seven-person collegial panel model for the first time, and held a public hearing in a public hearing of a case in which the People's Procuratorate of Fengman District of Jilin City initiated a public prosecution of a criminal attached civil public interest lawsuit against Yu Yu in a case endangering plants under national key protection. This is the first time that after the promulgation of the People's Assessors Law of the People's Republic of China, the Fengman Court applied a seven-member collegial panel to hear public interest litigation cases involving ecological environmental protection.

Case Review:

On May 18, 2021, the defendant Yu Mou, who lived in Zhangjia Village, Qianerdao Township, Fengman District, Jilin City, remembered that he needed to nail some wooden syllum to prevent soil erosion in his own plot, so he took a hand saw to The Fortress Hill near his home in the afternoon of the same day and successively harvested 6 wild yellow pine trees and 1 ash willow tree on the mountain. On the way to transport the cut down trees to his home, he was seized by forest rangers and public security organs. After appraisal, the yellow pineapple that was cut down in the case was included in the second-level protected plants in the "List of Wild Plants under National Key Protection (First Batch)".

The public prosecution organ alleged that the defendant's behavior had constituted the crime of endangering the state's protection of plants, and the defendant should be investigated for criminal responsibility for the crime of endangering the state's protection of plants, and the Fengman Procuratorate simultaneously filed an attached civil public interest lawsuit, requesting an order: 1. The defendant supplemented vegetation and destroyed the forest within one tree planting cycle after the judgment took effect, and passed the inspection by the competent department. If the defendant does not perform the above-mentioned appeal, request the court to order him to bear the cost of ecological environment restoration of RMB 6,550; 2. Bear the appraisal fee of RMB 4,000; and 3. Apologize to the public through public media at or above the municipal level.

The Fengman District People's Court of Jilin City formed a seven-member collegial panel in accordance with the law to hear the case in public, and the court held that the defendant's behavior had constituted the crime of endangering plants under national key protection, and the public prosecution opinion should be supported. Where the defendant's conduct endangering plants under key national protection harms biological environmental resources and infringes on the societal public interest, the public interest litigation request initiated by the public interest litigation organ shall be supported in accordance with law. The Fengman District People's Court of Jilin City pronounced a judgment on the case on September 23, 2021.

Popularization of the law:

People's assessors, known as citizens' "ears" and "eyes" in the courts, are "judges who do not wear legal robes." In a 7-member collegial panel, it is a combination of "3 judges + 4 jurors", so the problem arises!

I. What are the members of the seven-member collegial panel?

The combination of "3 + 4", that is, the seven-member collegial panel is composed of "three judges + four people's assessors".

II. What is the legal basis for a seven-member collegial panel?

Article 14 of the "People's Assessors Law" provides: When people's assessors and judges form a collegial panel to try cases, the judge serves as the presiding judge and may form a three-member collegial panel, or three judges and four people's assessors may form a seven-member collegial panel.

III. Which cases apply to a seven-member collegial panel?

Article 16 of the "People's Assessors Law" provides: People's courts trying the following first-instance trial cases shall be conducted by a seven-member collegial panel composed of people's assessors and judges:

(1) Criminal cases where fixed-term imprisonment of 10 years or more, life imprisonment, or the death penalty may be sentenced, with a major social impact;

(2) Public interest litigation cases initiated in accordance with the Civil Procedure Law and the Administrative Procedure Law;

(3) Cases involving land requisition and demolition, ecological environmental protection, food and drug safety, and major social impacts;

(4) Other cases with a major social impact.

The case heard by the Fengman Court is a public interest litigation case initiated by the People's Procuratorate under the Civil Procedure Law.

Why is it a combination of "3+4"?

The seven-member collegial panel is composed of four jurors and three judges, the number of proportions is relatively balanced, the psychological advantages and "sense of existence" of jurors have been enhanced, and the enthusiasm for participating in trial has been greatly improved. Therefore, it is not possible to form a combination of "2+5" and "1+6".

What is the difference between a five-member and seven-member collegial panel and a three-member collegial panel?

In a three-person collegial panel, people's assessors express opinions on the determination of facts, the application of law, and independently, and exercise their voting rights. In a seven-member collegial panel, people's assessors independently express opinions on the determination of facts, and vote jointly with the judges; they may express opinions on the application of the law, but do not participate in the voting.

The "People's Assessors Law of the People's Republic of China" is the beginning of the great judicial reform, after the specific implementation, the Criminal Trial Division of the Fengman District Court has deeply understood the spirit of legislation and conscientiously studied the legal content by organizing centralized study and self-study by cadres and policemen The rule of law in Jilin provides a strong judicial guarantee.