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People's Assessor Law of China (2018)

Wed, 29 Sep 2021
Categories: Insights

People’s Assessors Law of the People’s Republic of China was promulgated on 27 Apr. 2018, and entered into force on the same date.

There are 32 articles in total. The Law aims to ensure that citizens participate in judicial activities in accordance with law and to promote judicial justice.

The key points are as follows:

  1. A citizen shall have the right and obligation to serve as a people’s assessor. People’s assessors shall be appointed in accordance with this Law, participate in trial activities held by people’s courts in accordance with law, and enjoy equal rights with the judges, unless otherwise provided by law.

  2. A primary people’s court shall, depending on the needs for hearing cases, submit the quota of people’s assessors to the standing committee of the people’s congress at the same level for determination. The quota of people’s assessors shall be at least three times that of judges in a people’s court. A judicial administration organ shall, in concert with a primary people’s court, randomly select people’s assessors from the list of candidates for people’s assessors who have passed the qualification examination. The president of the primary people’s court shall submit the list of the selected people’s assessors to the standing committee of the people’s congress at the same level for the appointment.

  3. When participating in the trial of a case as a member in a three-person collegial bench, people’s assessors shall independently voice their opinions on the fact-finding and the application of law, and exercise their voting right. When participating in the trial of a case as a member in a seven-person collegial bench, people’s assessors shall independently voice their opinions on the fact-finding and exercise their voting right together with judges; as to the application of law, people’s assessors may voice their opinions, but may not cast a vote.

 

 

Cover Photo by Anotia Wang (https://unsplash.com/@anotia) on Unsplash

Contributors: CJO Staff Contributors Team

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