this post was submitted on 15 Apr 2025
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Most AES countries use a bench trial system for criminal law, but this seems like possibly taking power away from the workers in important matters. What was the thought process behind using bench trials for criminal court in AES nations?

(For reference, a bench trial is where one or more judges/magistrates decide the outcome of a trial as opposed to a jury of people)

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[–] [email protected] 19 points 1 week ago

Out of curiosity, I googled China’s system. It appears that for serious criminal trials, they bring in people called “assessors” who form a panel with the judge. If the panel is a panel of 7, then the assessors are the finders of fact, whereas the judge is the finder of law. The assessors are randomly selected (although there is a final appointment process once the random list has been generated) and the criteria for selection explicitly excludes lawyers.

So, these assessors effectively are just jurors like we have in a US court system.