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Article 1. According to the provisions of Articles 8, 15, 16, and 17 of the Decision, the work of appointing, training, and appraising people's assessors shall be conducted by the grassroots people's courts together with the administrative department of justice of the people's government at the corresponding level. Article 2. According to the provisions of paragraph two of Article 4 of the Decision, a citizen shall have the educational background of a college or above for acting as a people's assessor. For any region that really has difficulty in implementing the provision, or any citizen who is older but with high prestige in the general public, his educational background for acting as a people's assessor may be loosened properly. Article 3. The grassroots people's court shall put forward opinions on the quota of people's assessors of its own court on the basis of such factors as the number of cases and population, largeness of the geographical area and the ethnic groups within its own jurisdiction, and in combination with the need for spot selection of people's assessors by the senior people's court, and submit it to the standing committee of the people's congress at the corresponding level for determination. Article 4. The principle of fairness, justness and openness shall be followed for the appointment of people's assessors. Article 5. The grassroots people's court shall announce to the general public the relevant matters concerning the quota of people's assessors, appointment conditions and procedures one month before the beginning of the work for the appointment of people's assessors. Article 6. Any citizen who complies with the conditions for acting as a people's assessor may be recommended to the local grassroots people's court in writing by his entity, or the grassroots organization at the place of his household registry or habitual abode after soliciting the opinions of the citizen himself, or the citizen himself may file a written application to the grassroots people's court at the place of his household registry or habitual abode. Article 7. The grassroots people's court shall make examination on any citizen who is recommended to act or applies for acting as a people's assessor in accordance with the provisions of Articles 4, 5, and 6 of the Decision, and send the name list of the persons selected and the relevant materials to the administrative departments of justice of the corresponding people's government for advice after the person selected as the people's assessor is roughly determined. The grassroots people's court shall, where necessary, inquire the citizen's entity, the grassroots organization at the place of his household registry or habitual abode together with the administrative department of justice of the people's government at the corresponding level. Article 8. The grassroots people's court shall determine the persons selected as people's assessors on the basis of the examination result and the quota of people's assessors of its own court, and the chief justice shall ask the standing committee of the national people's congress at the corresponding level to make appointment. Attention shall be paid to absorbing people from all walks of life in the determination of the persons selected as people's assessors so as to embody the diversified sources of people's assessors. A citizen shall not act as a people's assessor concurrently at two or grassroots people's courts. Article 9. The grassroots people's court shall notify in writing the appointment decision to any people's assessor himself and his entity or the grassroots organization of his household registry or habitual abode, and send a copy of the name list of appointment to the administrative department of justice of the people's government at the corresponding level and announce it to the general public at the same time. Article 10. After being appointed, a people's assessor shall be subject to training before taking part in trial activities of the people's court according to law. Article 11. The grassroots people's court shall make plans for the training of people's assessors in light of the reality of the trial work of its own court, and the training shall be conducted specifically by the judge training institution of the people's court after soliciting the opinions of the administrative department of justice of the people¡¯s government at the corresponding level. Article 12. The training on people's assessors shall comply with the actual need for the people's assessors to take part in trial activities. The contents of training shall include basic legal knowledge, basic rules for trial work, professional ethics and disciplines of trial, etc.. Article 13. Any judge training institution of the people's court that undertakes the training of people's assessors shall notify in written form any people's assessor to take part in the training 7 days beforehand, and meanwhile notify, in written form, his entity, the grassroots organization at the place of his household registry or habitual abode, so as to facilitate the work and life of the people's assessor himself and his entity as well as the grassroots organization at the place of his household registry or habitual abode, and to ensure that the people's assessor take part in the training on time. Article 14. For the travel expenses and eating outlays of a people's assessor due to his taking part in the training, the grassroots people's court at his locality shall give subsidy by referring to the local standard for travel expenses. The wages, bonuses and other welfare treatment of any people's assessor who has a work entity shall not be skimped or skimped in any disguised form by his entity during the period when he takes part in the training. For a people's assessor who has no fixed income, the grassroots people's court at his locality shall give subsidy to him during the period when he takes part in training on the basis of the actual training days by referring to the average level of current wages of the local employees in the previous year. Article 15. The grassroots people's court shall solicit the opinions of the administrative department of justice of the people's government at the corresponding level when formulating the measures for the appraisal of people's assessors in their performance of duty. The contents of appraisal shall cover: actual achievements in the work as an assessor, ideology and moral character, work attitude, trial discipline and style, etc.. In case any intermediate people's court or higher people's court selects any people¡¯s assessor at random from the name list of people's assessors of the grassroots people's court at the city where it is located to take part in the trial work of its own court, it shall circulate a notice of report on the people's assessor for his performance of duty in its court to the grassroots people's court of the place where the assessor works, which shall be regarded as a basis for appraising the people's assessor. Article 16. The grassroots people's court shall, together with the administrative department of justice of the people's government at the corresponding level, give commendation and award to any people's assessor who has outstanding achievements or other outstanding stories in trial work, and the grassroots people's court shall notify in writing the people's assessor himself and his entity, or the grassroots organization at the place of his household registry or habitual abode in time. Article 17. In case any people's assessor has any one of the circumstanceslisted in Article 17 of the Decision, the grassroots people's court shall make investigation and verification on it together with the administrative department of justice of the people's government at the corresponding level. If the circumstance is truthful after investigation and verification, the chief justice of the grassroots people's court shall ask the standing committee of the people's congress at the corresponding level to remove him from the position of people's assessor. Any people's assessor, who has committed the act as described in item (4) of Article 17 of the Decision but the outcome is not serious enough to constitute a crime, shall be removed from the post of people's assessor according to law, or the grassroots people's court may suggest in written form his entity to give him punishment according to the relevant provisions. Article 18. The term of office of a people's assessor shall be five years, and vacancy of anyone shall be made up according to legal procedures. After the expiry of the term of office of a people's assessor, he shall be dismissed automatically. Article 19. For any people's assessor who is dismissed in accordance with the provisions of Articles 17 and 18 of the present Opinions, the grassroots people's court shall notify in writing the dismissal decision to the person dismissed and his entity or the grassroots organization at the place of his household registry or habitual abode, and send a copy of the name list of dismissal to the administrative department of justice of the people's government at the corresponding level and announce it to the public at the same time. Article 20. For the travel and catering expenses of any people's assessor due to his taking part in trial activities, the people's court shall offer a subsidy by referring to the local standard for travel expenses. In case any intermediate people's court or higher people's court selects any people's assessor at random from the name list of the people's assessors of the grassroots people's court at the city where it is located to take part in the trial of the collegial panel of its own court, it shall give the various subsidies to the people's assessor in accordance with the provisions of Article 18 of the Decision and the preceding provisions. Article 21. In case any people's assessor whose wages, bonuses and other welfare treatment who has work entity is skimped or skimped in disguised form due to his taking part in training or trial activities, the grassroots people's court shall put forward correction opinions to his entity or the upper level competent department in charge of his entity. Article 22. The people's courts and administrative departments of justice at all levels shall incorporate the expenditures needed for the implementation of the system of people's assessors into the business expenditure budget of the current year and declare to the finance department of the people's governments at the corresponding level, who shall ensure the fiscal expenditure. The various expenses for the implementation of the system of people's assessors by the people's courts and the administrative departments of justice at all levels shall be separately listed, managed and allocated for special use, so as to ensure the effective implementation of the system of people's assessors. Article 23. The power to interpret the present Opinions shall remain with the Supreme People's Court and the Ministry of Justice together. Article 24. The present Opinions shall come into force as of the date of promulgation. |
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