Law of the People's Republic of China on People's Jurors
Order of the President No.4
The Law of the People's Republic of China on People's Jurors, adopted at the Second Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on April 27, 2018, is hereby promulgated, effective as of the date of promulgation.
President Xi Jinping
27 April 2018
(Adopted at the Second Session of the Standing Committee of the 13th National People's Congress on April 27, 2018)
Article 1 This Law is formulated to guarantee citizens' participation in judicial activities according to law, promote judicial justice and boost the credibility of justice.
Article 2 A citizen is entitled to and obligated to serve as a people's juror according to the law.
People's assessors shall be appointed in accordance with this Law, participate in judicial activities held by people's courts according to law and enjoy equal rights with the judges, unless otherwise provided by laws.
Article 3 People's jurors are entitled to participate in judicial activities, voice their opinions independently, and receive a guarantee for their duty performance, according to the law.
People's jurors shall perform their judicial functions in a faithful manner, keep judicial secrets, pay attention to judicial protocol and maintain the judicial image.
Article 4 The participation of a people's juror in judicial activities according to the law shall be protected by the law.
People's courts shall, in accordance with the law, ensure that people's jurors are able to perform their judicial functions.
The units to which people's jurors belong and the grassroots mass autonomous organizations at the places of their registered permanent residences or habitual residences shall ensure according to the law that people's jurors can participate in judicial activities.
Article 5 A citizen serving as a people's juror shall meet the following conditions:
1. uphold the Constitution of the People's Republic of China;
(II) having reached the age of 28 years old;
(III) Observing disciplines and laws, being of good conduct, and being impartial and upright; and
(IV) Be physically able to perform normal duties.
A people's juror shall generally have the educational background of senior high school or above.
Article 6 None of the following persons shall serve as a people's juror:
1. members of the standing committee of a people's congress, and functionaries in supervisory commissions, people's courts, people's procuratorates, public security organs, State security organs or judicial administration organs;
2. lawyers, notaries, arbitrators, and grassroots workers offering legal services;
(III) Other personnel who are not appropriate to serve as people's jurors due to their posts.
Article 7 A person shall not serve as a people's juror under any of the following circumstances,
1. having been subjected to criminal punishment;
2. Having been discharged from public employment;
(III) Having their practicing certificates for lawyers or notaries revoked;
4. the investor has been included in the list of dishonest parties subject to enforcement;
(V) Where the individual has been dismissed from the post as a people's juror for being disciplined; or
(VI) Having any other serious violation of law or discipline that may affect the credibility of justice.
Article 8 As to the number of people's jurors, a basic people's court shall, depending on the needs for hearing cases, advance a request to the standing committee of the people's congress at the same level for a decision.
The number of people's assessors shall be no less than three times the number of judges of the court.
Article 9 The judicial administration organ will, in concert with the grassroots people's court and the public security organ, select at random individuals from the list of permanent residents within the jurisdiction, the number of whom shall be over five times the people's jurors to be appointed, as candidates for this post, examine the qualification of such candidates for people's jurors, and seek the opinions of such candidates.
Article 10 A judicial administration organ will, in concert with a grassroots people's court, select at random from the list of candidates for people's jurors, who pass the qualification examination, as people's jurors; and the list of the selected people's jurors shall be submitted by the president of the grassroots people's court to the standing committee of the people's congress at the same level for appointment.
Article 11 Candidates for people's jurors shall be determined by means of personal applications or recommended by the entities to which they belong, grassroots mass autonomous organizations at the place of their registered household residences or habitual residences, or people's groups, if it is necessary for judicial activities; the judicial administration organ will, in concert with the grassroots people's court and the public security organ, look into whether they are qualified for this post and work out a list of people's jurors which will be submitted by the president of the grassroots people's court to the standing committee of the people's congress at the same level for appointment.
People's jurors appointed under the preceding paragraph shall be up to one fifth of the given quota of people's jurors.
Article 12 Once appointed by the standing committee of the people's congress, people's jurors shall take the oath of office in a public manner. The oath-taking ceremony shall be organized by the grassroots people's court in concert with the judicial administration organ.
Article 13 The term of office for a people's juror shall be five years, and a people's juror is not allowed to serve for a second term of office in general.
Article 14 Where it is of necessity to have people's jurors and judges form a collegiate panel to hear a case, a three-person collegiate panel may be formed, with a judge acting as the chief judge, or a seven-person collegiate panel may be formed by three judges and four people's jurors.
Article 15 When trying criminal, civil and administrative cases of first instance, a people's court shall instruct people's jurors and judges to form a collegiate panel, under any of the following circumstances,
1. Where the case involves a group interest or public interest;
2. Where the case sparks wide public concerns or causes relatively major social impacts;
(III) Where the case requires the participation of people's jurors in trials, due to the complicated facts of the case or under other necessary circumstances.
When the people's court hears a case of any kind as provided in the preceding paragraph, if the laws provide that such case shall be tried solely by a judge or by the collegiate panel made up of several judges, such provisions shall prevail.
Article 16 The trial of the following cases of first instance by the people's court shall be conducted by a seven-person collegiate panel composed of people's jurors and judges,
1. A criminal case with great social impacts in which the suspect is likely to be sentenced to over ten years, life imprisonment or even death;
2. cases of public interest litigation instituted under the Civil Procedure Law or the Administrative Procedure Law;
(III) A case with great social impacts which involves the expropriation of land and demolition, eco-environmental protection, or food or drug safety;
4. other cases with great social influence.
Article 17 Where the defendant in a criminal case of first instance, the plaintiff or defendant in a civil case of first instance, or the plaintiff in an administrative case, applies for the participation of the people's jurors in a collegiate bench for trial, the people's court may decide to instruct the people's jurors and judges to form a collegiate bench for trial.
Article 18 The withdrawal of people's jurors shall be subject to the legal provisions on the withdrawal of judicial officers.
Article 19 Where the trial of a case by a grassroots people's court needs to be conducted by a collegiate panel with the participation of people's jurors, such people's jurors shall be selected at random from the name list of people's jurors.
Where the trial of a case by an intermediate people's court or a high people's court needs to be conducted by a collegiate panel with the participation of people's jurors, such people's jurors shall be selected at random from the name list of people's jurors applicable to the grassroots people's court within its jurisdiction.
Article 20 The chief judge shall perform his guiding and prompting obligations relating to the trial of a case but shall not interfere with the independent judgment of people's jurors over the case.
Where a collegiate panel is formed to deliberate on a case, the chief judge shall give necessary explanations and illustration of certain matters in the case, such as ascertainment of facts, evidence-related rules and legal provisions, and other noteworthy issues.
Article 21 When participating in the trial of a case as a member in a three-person collegiate panel, a people's juror shall independently voice his or her opinions of the ascertainment of facts and the application of laws, and exercise their voting right in this regard.
Article 22 When participating in the trial of a case as a member of a seven-person collegiate panel, a people's juror shall independently voice his or her opinions of the ascertainment of facts and exercise their voting right in this regard together with judges; as to the application of laws, the people's juror may voice his or her opinions, but may not cast a vote.
Article 23 When deliberating a case, a collegial panel shall observe the rule of majority. Where there is a divergence of opinion between a people's juror and other members in the collegial panel, the people's juror's different opinions shall be recorded.
In the case of a substantial divergence of opinion between members of the collegial panel, the people's juror or the judge may request the collegial panel to submit the case to the president of the people's court and let the president decide whether to deliver the case to the judicial committee for discussion and decision.
Article 24 A people's court shall, in light of the local actualities within its jurisdiction, set a reasonable upper limit for cases in which each people's juror may participate per annum, and announce the same to the general public.
Article 25 Routine management work for people's jurors, such as training, assessment, incentives and punishment, shall be undertaken by the grassroots people's court in concert with the judicial administration organ.
The training for people's jurors shall be carried out in a planned way. People's jurors shall participate in the training as required.
Article 26 People's jurors who have achieved significant successes or other outstanding performance during their judicial work shall be commended and rewarded under applicable rules.
Article 27 Where a people's juror falls under any of the following circumstances, which are proved to be true through investigation by the grassroots people's court in which he or she serves in this capacity, together with the judicial administration organ, the president of such grassroots people's court shall request the standing committee of the people's congress at the same level to dismiss the people's juror from service:
1. Where the people's juror himself or herself applies to resign from the post of people's juror with justified reasons;
2. any of the circumstances stipulated in Articles 6 and 7 of this Law;
(III) Where the people's juror refuses to participate in judicial activities without justified reasons, thus affecting the normal process of the judicial work;
(IV) violating laws and relevant provisions on trial work, or playing favoritism and committing irregularities, which results in wrong judgment or other serious consequences.
Where a people's juror is found to be committing the act as specified in the third or fourth item in the preceding paragraph, certain actions, such as notifying the entity to which the people's juror belongs, or the grassroots mass autonomous organization or the people's group at the place of his or her registered permanent residence or habitual residence, of such behavior, and circulating a notice of such behavior within the local jurisdiction, may be taken to discipline him or her; where a crime is constituted, his or her criminal liability shall be investigated and pursued.
Article 28 The personal safety of a people's juror and the safety of his home shall be protected by the law. No entity or individual may retaliate against any people's juror as well as his close relatives.
Any party that retaliates against, frames, insults, defames or violently attacks a people's juror as well as his close relatives will be investigated according to the law for legal liability.
Article 29 During the period when a people's juror participates in judicial activities, his employer shall not withhold or withhold in disguised form, his wages, bonuses and other welfare benefits.
Where the entity to which a people's juror belongs violates the provisions stipulated in the preceding paragraph, the grassroots people's court shall offer a proposal for corrective actions in due time to such entity or the competent authority or the superior department of such entity.
Article 30 During the period when a people's juror participates in judicial activities, the people's court shall offer subsidies based on the number of actual working days in accordance with applicable rules.
With respect to the expenses paid for the transportation and meals by the people's juror in order to participate in judicial activities, the people's court shall offer subsidies in accordance with applicable rules.
Article 31 The subsidies, which people's jurors are entitled to for their participation in judicial activities, and the expenses, which are entailed for the implementation of the people's juror regime by people's courts and judicial administration organs, shall be itemized respectively as the operating expenditures of people's courts and the judicial administrative organs, and the corresponding governments shall guarantee such expenditures. Specific measures shall be formulated by the Supreme People's Court and the judicial administration department under the State Council in conjunction with the finance department under the State Council.
Article 32 This Law shall go into effect as of the date of promulgation. The Decision of the Standing Committee of the National People's Congress on Improving the People's Juror Regime, adopted at the 11th Session of the Standing Committee of the 10th National People's Congress on August 28, 2004, shall be repealed simultaneously.