Assessors or Popular Jury? Variations around Citizen Participation in the Chinese Justice System

Abstract

Citizen participation in Chinese justice may take the shape of assessors sitting alongside professional judges, or, as it is sometimes the case on an experimental basis, of the introduction of a people's jury in local courts. Yet, these forms of participation do not alter the fundamental features of Chinese governance: the lack of legal autonomy of law, and the lack of independence of judges with respect to the political authority. These remain the main obstacles to the extablishment of the rule of law in China. In fact, the changes in the system of assessors and jurors have failed to legitimate the judicial power through participation and transparency. Experience has shown, on the contrary, that assessors and jurors remain fully subordinate to professional judges, who continue to have the controlling hand over the justice system. Nevertheless Chinese citizens, along with the parties involved in trials, are not duped by such arrangements. Once the limits of the practical utility of assessors and jurors becomes apparent, the question of the relationship between the people and judicial authority will inevitably be posed anew. The reply to the question will be even more pressing, since it will no longer be possible to use the same subterfuge. That is why citizen participation in justice is so crucial in a China in search of democracy.