The Status and Problem of the People’s Assessor System in China: Taking Chinese Judges’ Trial Experiences into ConsiderationCapital Punishment with a Two-Year Suspension: China’s Gateway to Fewer Executions?

The Status and Problem of the People’s Assessor System in China: Taking Chinese Judges’ Trial Experiences into ConsiderationCapital Punishment with a Two-Year Suspension: China’s Gateway to Fewer Executions?

This paper describes the similarities and differences between the ideal status and the actual implementation of the Chinese people’s assessor system in the field of trial justice, power supervision, and litigation efficiency. The analysis focuses on the recent development of the assessor system after the Decision of the Standing Committee of the National People’s Congress Regarding Perfecting the System of People’s Assessors became effective in 2005. Although the assessor system has the potential of promoting public participation, trial impartiality and proceeding efficiency in court trials, the system is also hindered by an inactive role played by the assessors resulting mainly from an imbalance in legal knowledge between judges and assessors. Possible measures to narrow the gap between ideal status and actual practice of assessor system are discussed. It is suggested that the reformation of the assessor system with the whole proceeding system should continue.