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为了使人民陪审制度在实践中发挥预想的效果,陪审员在庭审中可以查看物证,也可以记录其认为重要的证言。法官与陪审员一起评议案件事实时,可以就公诉方指控的具体罪名进行投票表决。投票采用无记名的方式,而且要当场开箱统计票数,按少数服从多数的方法来确定罪名。在合议庭评议时,为了避免法官的先入为主,应当明确评议时的发言顺序,先由陪审员发表独立的意见或建议,再由法官发表意见或建议。健全人民陪审员的考核制度,在考核方法上,可以进行“一案一考核”的方法或按季度对陪审员进行考核,取消以陪审数量为考核的标准。
In order for the people’s jury system to perform its intended effect in practice, the jury may examine the evidence in court and may also record the testimony it deems important. When judges and jurors review the facts of the case, they may vote on the specific charges charged by the prosecutor. Voting is based on anonymous voting, and the number of votes counted out of the box on the spot should be determined on the basis of the minority’s obedience to the majority. In the collegiate bench deliberation, in order to avoid the prejudices of judges, the order of speeches at the time of deliberation should be clarified. Independent opinions or suggestions should be given by the jury first, and then judges should express their opinions or suggestions. In order to improve the examination system of the people’s assessors, we can conduct the examination of the jury members on a quarterly basis and the assessment of the number of jury trials.