【Title】Measures of the Supreme People's Court on
Administration of the People's Jurors (Trial)
【Document No.】Fa Fa [2005] No.1
【Promulgation Date】2005-01-06
【Effective Date】2005-01-06
【Repealed Date】
【Promulgation Body】Supreme People's Court
【Status】Effective
【Status Description】
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Measures of the Supreme People's
Court on Administration of the People's
Jurors (Trial)
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Chapter 1 GENERAL
PROVISIONS
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Article 1
According to the "Decision of the Standing Committee
of the National People's Congress on Perfecting the
People's Juror System" (hereinafter referred to as
the "Decision") and the Opinions of the Supreme
People's Court and the Ministry of Justice on the
Implementation of Appointment, Training, and
Assessment of the People's Jurors" (hereinafter
referred to as the "Opinions"), these Measures are
formulated in order to accomplish the administration
of the people's jurors and ensure the implementation
of the people's juror system. |
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Article 2
The people's courts at various levels shall
establish working guiding groups of the people's
juror to guide the administration of the people's
jurors.
The administrative work of the people's jurors shall
cover the personnel administration of the people's
jurors and the daily administration of trial
involved by the people's jurors. |
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Article 3
The political department of the people's court shall
be responsible for the personnel administration of
the people's jurors.
The political department shall establish a
non-standing institution or appoint a special person
to be responsible for the personnel administration
of the people's jurors. |
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Article 4
The people's court shall determine a specific
department to handle the daily administration of
trial involved by the people's jurors based on the
practical situations. |
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Chapter 2 DETERMINATION
ON THE NUMBER OF JURORS
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Article 5
The basic people's court shall provide opinions on
the number of the people's jurors, which is ranging
from half of the number of the current judges in the
court up to the number of the current judges in the
court on the basis of the quantity of cases,
population, geographical area and the situation of
nationalities within its jurisdiction, which are
integrated with the requirements of the people's
court at a next higher level concerning random
selection of the people's jurors from this court,
and then submit the opinions to the standing
committee of the people's congress at the same level
for confirmation. |
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Article 6
Before the opinions on the number of the people's
jurors are submitted to the standing committee of
the people's congress at the same level for
confirmation, the basic people's court shall firstly
report it to the people's court at a next higher
level for examination and approval. The people's
court at a next higher level may make appropriate
adjustment on the number of the people's jurors
within its jurisdiction.
The higher people's court shall file the numbers of
the people's jurors of various basic people's courts
within its jurisdiction to the Supreme People's
Court for a record. |
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Article 7
The number of the people's jurors may be adjusted on
the basis of the practical situations. The
adjustment shall be made according to the procedures
on determination of the number of the people's
jurors. |
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Chapter 3 SELECTION
AND APPOINTMENT
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Article 8
The selection and appointment of the people's jurors
shall be conducted within the confirmed range for
the number. |
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Article 9
The basic people's court shall announce to the
public the designated number of the people's jurors
to be appointed, the requirements for the
appointment, time limit for the
nomination (application), the procedure and other
relevant matters one month prior to the commencement
of the selection and appointment of the people's
jurors so as to facilitate the relevant units in
nominating candidates and the citizens in submitting
their applications.
The basic people's court may, if necessary, mobilize
the citizens to submit applications, or to mobilize
the units to which the citizens are affiliated, the
basic organizations where their registered permanent
residences or their current residences are located
to nominate the candidates for the people's jurors. |
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Article 10
The unit to which the citizen is affiliated, the
basic organizations where his registered permanent
residence is located or his current residence is
located may nominate the citizen to serve as the
people's juror only after obtaining the consent of
such citizen.
A citizen may directly submit his application for
the post of the people's juror at the basic people's
court in the place where his registered permanent
residence or current residence is located. |
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Article 11
The basic people's court shall require the relevant
units which nominate candidates for the people's
jurors or the citizens who submit the applications
to provide the copies of the relevant identity
certificate materials of the nominees or the
applicants respectively, and to fill in
the "Nomination Form of the People's
Juror" (Schedule 1) or the "Application Form of the
People's Juror" (Schedule 2) in triplicate.
The "Nomination Form of the People's Juror" and
the "Application Form of the People's Juror" shall
conform to the format and contents prescribed by the
Supreme People's Court. |
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Article 12
The basic people's court shall assess the citizens
who are nominated and the citizens who make their
own applications for the post of the people's jurors
according to Articles 4, 5 and 6 of the Decision and
Article 2 of the Opinions. The content of the
assessment shall cover the authenticity of the
contents in the "Nomination Form of the People's
Juror" or the "Application Form of the People's
Juror", the qualification, working ability and daily
performance of both nominees and applicants. |
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Article 13
The basic people's court shall send a preliminary
list of candidates of the people's jurors and
the "Nomination Forms of the People's Juror" or
the "Application Forms of the People's Juror" to the
administrative organ of justice under the people'
government at the same level for soliciting opinions
after the assessment.
If the basic people's court considers an
investigation to be necessary to be conducted on the
nominees and applicants for their relevant
information, it shall conduct an investigation at
the units to which the citizens are affiliated, the
basic organizations where their registered permanent
residences or their current residences are located
jointly with the administrative organ of justice
under the people' government at the same level. |
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Article 14
The basic people's court shall determine the
candidates of the people's jurors based on its
assessment result and its designated number of the
people's jurors.
The candidates of the people's jurors shall be
chosen from different industries, sexes, age groups
and nationalities of the society. |
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Article 15
A citizen shall not serve as the people's juror in
two or more basic people's courts at the same time. |
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Article 16
The basic people's court shall report the determined
candidates of the people's jurors to the people's
court at a next higher level for assessment. The
people's court at a next higher level shall mainly
assess the occupational qualification of the
people's jurors. |
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Article 17
After the assessment on the candidates of the
people's jurors, the president of the basic people's
court shall propose the standing committee of the
people's congress at the same level to appoint them.
The basic people's court shall submit the following
materials in proposing the standing committee of the
people's congress at the same level to appoint the
people's jurors: the motion of appointment of the
people's jurors, the relevant materials including
the "Nomination Form of the People's Juror" or
the "Application Form of the People's Juror", and
other materials required by the standing committee
of the people's congress at the same level. |
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Article 18
The basic people's court shall copy the list of the
appointed people's jurors to the administrative
organ of justice under the people's government at
the same level, file it to the higher people's court
level by level for a record, and announce it to the
public simultaneously.
The basic people's court shall promptly notify in
writing the appointment decision to the people's
jurors and the units to which they are affiliated,
the basic organizations where their registered
permanent residences or their current residences are
located. |
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Article 19
The basic people's court shall issue a "People's
Juror Card" to the people's jurors.
The format of the "People's Juror Card" shall be
centralized by the political department of the
Supreme People's Court. Various courts shall issue
the card accordingly. |
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Chapter 4 TRAINING
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Article 20
Training for the people's jurors shall be classified
into pre-employment training and special on-the-job
training of trial practice.
Before the people's juror takes the post for the
first time, he shall receive trainings on the
knowledge and skills of trial practice, which are
necessary for performing his duties. The training
which shall cover duties and rights of the judges,
professional conduct of the judges, disciplinary
hearing, judicial etiquettes, foundation knowledge
of law and basic litigation rules.
The people's jurors shall accept special on-the-job
training of trial practice on the basis of the
practical needs during the work. The training
content shall mainly cover assessment of evidence,
finding of facts, general rules on application of
laws, and learning new laws and regulations. |
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Article 21
The competent department of education and training
and the National Academy of Judges of the Supreme
People's Court shall centralized in compiling
training outlines and training materials for the
people's jurors, raise clear teaching requirements
on the training, and regularly supervise, and
inspect the training work for the people's jurors.
Demonstration classes for the people's jurors
teaching and training classes of teachers of the
people's jurors may also be organized if necessary. |
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Article 22
The competent department of education and training
and the judges education training institution of the
higher people's court shall be responsible for the
training planning and relevant administration and
coordination work for the people's jurors within its
jurisdiction, and undertake the task of
pre-employment training for the people's jurors
within its jurisdiction. |
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Article 23
The pre-employment of the people's jurors may be
entrusted to the qualified competent departments of
education and training and the judges training
institutions of the intermediate and basic people's
courts by the higher people's court.
The intermediate people's court shall be responsible
for examination of the teaching scheme for the
special on-the-job training of trial practice for
the people's jurors within its jurisdiction. |
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Article 24
The basic people's court shall jointly with the
administrative organ of justice under the people's
government at the same level provide the name list
of trainees and training opinions on the
pre-employment training promptly, and report them to
the competent department of education and training
and the judges training institution of the higher
people's court at a next higher level. |
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Article 25
The training for the people's jurors shall accord
with the practical needs for performing duties of
the people's jurors and integrated with the conduct
of trial practice. The specific content of the
training shall vary with the specific requirements
of different training targets. |
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Article 26
The training for the people's jurors shall be
conducted in the form of centralized off-duty
training combined with on-duty self-study, and may
also adopt such ways as training in phases and class
hour accumulation in combination with the practical
conditions.
Apart from the major format of providing lessons,
various modes of the training like trial observation
and seminar may also be adopted..
The lecture time of the pre-employment training
shall not be less than 24 teaching hours while the
special on-the-job training of trial practice shall
not be less than 16 teaching hours. |
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Article 27
The people's court shall provide the people's jurors
with training sites, training facilities and other
conditions necessary for the training. |
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Article 28
The people's court shall issue the "Qualification
Certificate" to the people's jurors qualified in the
pre-employment training.
The "Qualification Certificate" for the people's
juror pre-employment training organized by the
National Academy of Judges shall be verified and
issued by the competent department of education and
training and the National Academy of Judges of the
Supreme People's Court.
The "Qualification Certificate" for the people's
juror pre-employment training organized by the
higher people's court or organized by the
intermediate or basic people's court as entrusted by
the higher people's court shall be verified and
issued by the competent department of education and
training and the education and training institution
under the higher people's court.
The Political Department of the Supreme People's
Court shall produce and print the "Qualification
Certificate" for pre-employment training for the
people's jurors in unified manner. |
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Chapter 5 ASSESSMENT
AND COMMENDATION
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Article 29
The basic people's court shall assess on the
exercise of duties by the people's jurors jointly
with the administrative organ of justice of the
people's government at the same level.
The combination of regular assessment and annual
assessment shall be adopted for the assessment of
the people's jurors. |
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Article 30
The assessment on the people's jurors shall cover
jury performance, personal characters, working
attitude, trial discipline, trial style and training
performance.
Where the intermediate and higher people's courts
randomly select the people's jurors from the list of
the people's jurors in the basic people's court to
take part in the trial of their courts, the basic
people's court shall be notified of the exercise of
duties by its people's jurors in such courts as part
of the assessment on the people's jurors. |
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Article 31
The assessment result shall be for the basis of the
commendation and reward to the people's jurors.
The basic people's court shall promptly notify the
people's jurors of the assessment result in writing.
If a people's juror objects the assessment result
and applies for reconsideration to the basic
people's court, the basic people's court shall
entertain the application. |
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Article 32
The people's jurors who have had remarkable
performance or other outstanding achievements in
respect of the trial work shall be commended and
rewarded by the basic people's court jointly with
the administrative organ of justice of the people's
government at the same level. |
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Article 33
The basic people's court shall promptly inform the
people's jurors, the units to which they are
affiliated, the basic organizations where their
registered permanent residences or their current
residences are located about the commendation and
reward in writing. |
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Chapter 6 DISMISSAL
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Article 34
If a people's juror falls into any of the situations
listed in Article 17 of the Decision, the basic
people's court shall conduct an investigation
jointly with the administrative organ of justice of
the people's government at the same level.
If the complaint is proved to be true, the president
of the basic people's court shall propose to the
standing committee of the people's congress at the
same level to dismiss the concerned people's juror.
If a people's juror falls into any of the situations
listed in Item (1), (2) or (3) of Article 17 of the
Decision, the personnel department of the people's
jurors of the basic people's court in which he works
shall conduct an investigation under the relevant
provisions. In the course of investigation, if a
people's juror is discovered to have fallen into the
situation listed in Item (4) of Article 17 of the
Decisions, the investigation job shall be
transferred to the departments of discipline
inspection and supervision of the court. |
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Article 35
If a people's juror commits the act listed in
Item (4) of Article 17 of the Decision but the act
does not constitute a crime, apart from dismissal
from the office of the people's juror under the law,
the basic people's court may propose the unit to
which such juror is affiliated in writing to impose
penalty according to the relevant provisions. |
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Article 36
The term of office of the people's juror shall be
five years. After the term of the people's juror
expires, the juror shall be released from his duty.
The basic people's court does not need to propose to
the standing committee of the people's congress at
the same level for removal of the post of the
people's juror concerned. |
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Article 37
If the people's juror is dismissed, the basic
people's court shall inform the people's juror
concerned, the units to which he is affiliated, the
basic organizations where his registered permanent
residence or his current residence is located.
The basic people's court shall send a copy of the
list of the dismissed people's jurors to the
administrative organ of justice of the people's
government at the same level, file it to the higher
people's court for a record level by level, and
simultaneously announce it to the public. |
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Chapter 7 SUBSIDIES
AND EXPENSES
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Article 38
The people's court shall promptly pay the various
kinds of subsidy to which the people's jurors are
entitled during the exercise of their duties under
the relevant provisions. |
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Article 39
The people's court concerned shall subsidize its
people's jurors for the travel expense and meal
expense incurred from participation in trial or
training with reference to the local standards of
business trip allowance.
The people's court concerned shall subsidize the
people's jurors who have no fixed income during
their participation in trial and training on daily
basis with reference to the local employees' average
wage in the preceding year.
Regarding the people's jurors who participate in
trial of the intermediate or higher people's court,
such intermediate or higher people's court that
randomly select the people's jurors to participate
in the trial shall provide various subsidies to the
people's jurors according to the preceding two
paragraphs. |
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Article 40
If any part of the wage, bonus and other welfare of
the people's juror is deducted or deducted in a
disguised form by the working unit to which he is
affiliated due to his participation in training or
trial, the basic people's court shall promptly raise
comment of rectification to such unit, the
department supervising such unit or the department
at higher level than such unit. |
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Article 41
Regarding the subsidy to which the people's jurors
are entitled due to their participation in training
and trial as well as the expenditure which is
necessary for the people's court to implement the
people's juror system, the people's court shall
include them into the expenditure budget of that
year and promptly declare them to the financial
department of the people's government at the same
level, which is ensured to provide such budget.
The people's courts at various levels shall
separately list, separately administer and
respectively appropriate funds for various items of
expenditures for implementing the people's juror
system so as to ensure efficient implementation of
the people's juror system. |
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Chapter 8 SUPPLEMENTARY
PROVISIONS
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Article 42
The measures on administration of the people's
jurors in maritime, military corps and railway
courts shall be separately formulated. |
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Article 43
The Supreme People's Court shall be responsible for
interpretation of these Measures. |
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Article 44
These Measures shall come into effect as of the
promulgation date. |
