As people's assessors in China, their perceptions of the categorization of criminal adjudicative issues are not consistent with the Chinese theory of the criminal law. Therefore, it is high time we pay attention to this issue. The narrative of criminal adjudication suggests that issues about fact finding are different from purely factual issues. This is because that fact finding also requires the identification of legal issues. When people's assessors determining the scope of factual findings, it is important to comprehensively consider the requirements of legal understanding, policies, legislative purposes, the acceptability of the decision, and the ability of citizens to participate in the trial. The facts that the people's assessors are entitled to find shall be limited to the facts of conviction and the facts of sentencing in capital cases, excluding the “secondary facts”, the facts of sentencing in non-capital cases and the facts of the procedural law. The power over fact-finding shall be to determine whether the charge is established or not, whether the facts are sufficient to impose the death penalty, whether the evidence is relevant and whether the judicial proof meets the standard of proof, and so forth.
胡铭 仇塍迪. 论刑事案件中人民陪审员的事实认定范围[J]. 浙江工商大学学报, 2021, 35(6): 32-45.
HU Ming QIU Chengdi. On the Scope of Factfinding by People's Assessors in Criminal Cases. Journal of Zhejing Gongshang University, 2021, 35(6): 32-45.