Rights and Obligations of People's Assessors
(1) Rights
1. People's Assessors participate in the trial of cases by the collegial panel and independently exercise their determination of facts and application of law right to vote.
2. When deliberating a case, the collegial panel shall implement the principle of the minority obeying the majority. If a people's assessor disagrees with other members of the collegial panel, his/her opinions shall be written into the transcript. If necessary, the people's assessor may request the collegial panel to submit the case to the president to decide whether to submit it to the judicial committee for discussion and decision.
3. The people's court shall subsidize the transportation, dining and other expenses incurred by people's jurors for participating in trial activities.
4. During the period when people's jurors from their workplace participate in trial activities, their employer shall not withhold or deduct in disguised form their wages, bonuses and other benefits.
5. During the period when people's jurors without fixed income participate in trial activities, the people's court will provide subsidies based on the actual working days with reference to the average monetary salary level of local employees in the previous year
(2) Obligations
1. The withdrawal of people's assessors shall be carried out in accordance with the legal provisions on the withdrawal of judges.
2. People's assessors participating in trial activities should abide by the judges' performance of duties, keep trial secrets, pay attention to judicial etiquette, and maintain the image of the judiciary.
Procedure for selecting jurors
Selecting people's jurors in an open and transparent manner is an important guarantee to ensure that this work system has fresh and strong vitality. It is not only an important guarantee for the basic quality of people's assessors, but also a basic condition for winning the trust of the people.
The court shall embody the spirit of openness, fairness and impartiality in the process of selecting people's assessors. The procedures we have determined are:
First, the appointment announcement is made public. Announcements for the selection of people's assessors shall be made public to the public by means of newspapers, television stations, information networks, and posting of selection announcements, and the selection conditions shall be specified, clearly, and concisely.
Second, registration is voluntary. Voluntary applicants should come to the court to fill out the registration application form (or download it from the Internet). The application form must fill in basic personal information and register within a certain period. Those who have not filled out the registration application form are not eligible to participate in the election.
The third is to make the qualification review public. After verifying the basic situation of the applicants, the People's Assessor Management Office of the court will make determinations one by one in accordance with the requirements and prepare a decision letter for the selection of people's assessors.
The fourth is social publicity. The selection of people's jurors must highlight democracy and legitimacy. The jurors to be appointed shall be announced to the public in the news media within the jurisdiction. If there is no reaction contrary to the conditions after the publicity period, they will be formally appointed.
The fifth is appointment and certification. The Municipal People's Congress holds a solemn certificate-issuing ceremony, and through the form of certificate-issuing and appointment, the social effect of people's assessor activities is enhanced.
The sixth is to establish files and strengthen the management and performance evaluation of people's assessors.