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The following decisions are specially enacted with a view to perfecting the system of people's assessors, ensuring the citizens' attending the trial activities in accordance with law, and promoting the judicial impartiality: Article 1. People's assessors shall be elected pursuant to the present Decision, take part in the trial activities of people's courts, and enjoy equal rights with the judges except serving as the presiding judge. Article 2. When people's court hears the following cases of first instance, the cases shall be tried by a collegial panel composed of people's assessors and judges with the exception of cases subject to summary procedure and otherwise prescribed by law: (1) criminal, civil and administrative cases with the relatively great impact on the society; and (2) cases heard by a collegial panel with the participation of people's assessors requested by the defendant of a criminal case, the plaintiff or defendant of a civil case, or the plaintiff of an administrative case. Article 3. When a case is tried by a collegial panel composed of people's assessors and judges, the proportion of people's assessors in a collegial panel shall be no less than one third. Article 4. To serve as a people's assessor, a citizen shall: (1) uphold the Constitution of People's Republic of China; (2) have reached the age of 23; (3) be of good ethics, upright and decent; and (4) be in good health. To serve as a people's assessor, one shall have an educational background of, as a general rule, junior college or higher. Article 5. No member of the standing committee of the people's congress, no functionary of the people's court, the people's procuratorate, the public security organ, the state security organ, or the judicial administrative organ and no practicing lawyer may serve as a people's assessor. Article 6. One may not serve as a people's assessor if he: (1) has been subjected to criminal punishment for committing a crime; or (2) has been dismissed from public posts. Article 7. The number of people's assessors shall be determined by the standing committee of the people's congress of the same level upon the recommendation of the grassroots people's court pursuant to the requirements for trying cases. Article 8. A citizen, who satisfies the requirements of serving as a people's assessor, shall be recommended by his or her own entity or grassroots organization at the location of his or her permanent residence, or shall apply by himself or herself, and be subject to examination and approval of the grassroots people's court jointly with the judicial administrative organ at the same level, and shall be appointed by the standing committee of the people's congress at the same level upon the recommendation of the president of the grassroots people's court after making suggestions regarding the persons to be elected as people's assessors. Article 9. The term of a people's assessor is five years. Article 10. People's assessors have the right as well as the obligation to take part in trial activities in conformity with law. For people's assessors, the participation in trial activities in accordance with law shall be guaranteed by law. The people's court shall ensure that people's assessors can participate in trial activities according to law. The entities or grassroots organizations at the location of the permanent residence of the people's assessors shall ensure that they can take part in trial activities in accordance with law. Article 11. When a people's assessor, as a member of the collegial panel, takes part in trial activities, he may exercise the right to vote for affirming the facts and applying the laws independently. When a collegial panel conducts its deliberations over a case, the principle that "the minority yields to the majority" shall be carried out. If the opinions of the people's assessors differ from other members of the collegial panel, the opinions of people's assessors shall be entered into the records. People's assessors may, where necessary, request the collegial panel to refer the case to the president of the court to decide whether or not to submit the case to the judicial committee for discussion and decision. Article 12. The challenge of people's assessors shall be implemented by referring to the pertinent provisions regarding the challenge of judges. Article 13. People's assessors, when taking part in trial activities, shall abide by the provisions concerning judges' fulfillment of their duties, keep the secrets of a trial, pay attention to the judicial etiquettes and defend the image of the judiciary. Article 14. If a case shall be tried by a collegial panel joined by people's assessors in a grassroots people's court, people's assessors shall be randomly selected from the list of people's assessors of the grassroots people's court. If a case shall be tried by a collegial panel joined by people's assessors in an intermediate people's court or an higher people's court, people's assessors shall be randomly selected from the list of people's assessors of the grassroots people's court at the location of the city. Article 15. Grassroots people's court shall conduct the training of people's assessors to enhance the quality of people's assessors jointly with the judicial administrative organ of the people's government of the same level. Article 16. People's assessors who have made prominent achievements or conducted other outstanding deeds shall be commended and rewarded. Article 17. Under any of the following circumstances, a people's assessor shall be removed from the post by the standing committee of the people's congress of the same level upon the recommendation of the president of the grassroots people's court, after being investigated and verified by the grassroots people's court jointly with the judicial administrative organ of the people's government of the same level at the location of people's assessor: (1) Where he applies by himself for resignation from the posts of people's assessor; (2) Where he refuses to take part in trial activities without justifiable reasons, which affects the normal proceeding of the trial work; (3) Where he is under any of the circumstances described in Article 5 and Article 6 of the present Decision; or (4) Where he violates the relevant laws and regulations pertinent to the trial work, plays favoritism and commits irregularities and results in an faulty judgment or causes any other serious consequences . In case a people's assessor has any behavior mentioned in Item (4) of the preceding paragraph, and if it constitutes a crime, he shall be subject to criminal liabilities. Article 18. Expenses for traffic and food due to the participation in trial activities by people's assessors shall be offered a subsidy by the people's court. In case a people's assessor has a working entity, the working entity shall not deduct or deduct in any disguised form the wages, the bonuses and other welfare benefits of the period of their participation in trial activities. In case people's assessors have no fixed income, the subsidy shall be offered by the people's court on a basis of actual working days by referring to the local employees' average level of money wages of the last year. Article 19. The subsidies enjoyed by people's assessors due to participation in trial activities and the necessary expenses for implementing the system of people's assessors by the people's court and the judicial administrative organ shall be included into the operational expenditure of the people's court and the judicial administrative organ and shall be ensured by the governmental treasury of the same level. Article 20. The present Decision shall come into force as of May 1, 2005. |
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