A senior Chinese judge Friday submitted a package of measures on
jury system reform to the country's top legislature for
approval.
In his statement to the standing committee of the National
People's Congress, Shen Deyong, deputy president of the Supreme
People's Court, said existing laws and regulations pertaining to
the jury system were too vague, and there are no specific
regulations on the requirements and selection procedures for
jurors.
Under the current Chinese jury system, a juror, also named
people's juror, serves as a lay judge as he or she joins
professional judges in court hearings.
Chinese jurors are mostly appointed by Chinese courts or
recommended by governments departments, but the law on court
stipulates that they must be elected.
According to the draft law, the jurors must be appointed by the
standing committee of legislature with a five-year term. The jurors
enjoy the same rights and have the same responsibilities as judges
in hearing and ruling first trial cases, except that they can not
hold the position of chief justice.
The draft law also states an eligible juror must have at least a
junior college education, and a juror can participate in less than
10 cases each year in order to give opportunities to other jurors
in the court work.
A juror who has no fixed source of income shall be paid
subsidies by local courts according to the number of days spent
performing his or her duty and in line with the average salary of
local court staff, the draft decision stipulates.
Shen explained that the selection of jurors has yet to be
regulated as few of them are elected by the general public as
required by law. About 41.5 percent of jurors were appointed by
courts and 23.7 percent recommended by government departments.
Initiated about seven decades ago at the revolutionary bases
running by the Chinese communists, the system has been regarded as
one of the fine traditions of the country's judicial system, said
Shen.
Participation of jurors selected from the general public in
court trials is an important way for people to take part in
national governance, and will help build a clean and fair judicial
system, said the deputy president.
(Xinhua News Agency April 3, 2004)