System of people's jurors enhances judicial fairness

Delegates to this year's party congress are set to discuss the judicial reform process currently underway in China.

"As a people's juror, I think I should be responsible for all my cases and cherish the rights people gave me."

Ma Lan is an associate professor, working for Beijing Administrative College. She has been a people's juror for eight years.

Unlike the United States where a juror is an average citizen who sits with other jurors and hears a court case and votes on whether the accused is guilty or innocent, jurors in China play an entirely different role.

Ma said that she still remembers a case involving bribery she participated in.

Several years ago, a suspect called Ding Li was a deputy director from the Ministry of Agriculture. The suspect abused his power and asked for a bribe of more than 500 thousand yuan or 80,250 US dollars.

"Before I served as an assessor to this case, I had to read and know the files first, then analyze and fact-check it. When in court, I needed to prepare questions to ask defendants. When in a panel discussion, I would present my opinions about the case. The people's jurors have the same power as the judges."

Jurors have been provided for in the Chinese Constitution since 1954, but their role in the system was not upgraded until 2004, according to Song Yushui, a judge from Beijing Haidian District People's Court and also the delegate to the 18th National Congress of the CPC.

"In the past, the former system of people's jurors was poor and not very specific. Later, due to the practice and experience, especially the needs of the judiciary, the system improved. In 2004, China's legislative organ promulgated the Decision on Improving the System of People's Jurors. The state has expanded the sources of people's jurors to all walks of life, and detailed the regulation of the system of people's jurors."

The jurors are not chosen for each trial but will serve a five-year term in the jury pool working on different cases from time to time. Jurors and judges will each be sitting on three-person panels, and decide both criminal and civil cases. The juries will be available when requested by litigants and also in cases with considerable social repercussions, which appears to mean major cases. Appeals cases will be heard only by judges.

Song said that people's jurors play an important role in the system and ensure judicial fairness.

"People's Jurors often provide valuable facts and professional information to judges. I think the people's jurors have supervised the judges while working with them and they ensure the judicial impartiality and the transparency as well. "

In the last three years, proportion of cases with the participation of people's jurors in regular cases of first instance has increased annually over roughly 10 percent from the 20 percent in 2006.