论文部分内容阅读
人民陪审员制度是一项普通公民参与司法审判、行使审判权力的审判制度,也是一项由我国宪法确立的基本司法制度。(1)而随着社会的不断发展与进步,这项半个多世纪前确立的制度已出现了不少问题,主要表现为只陪不审,人民陪审员形同虚设,无法实现人民陪审员制度建立的根本宗旨。因此,在本次司法改革中,也对人民陪审员制度作出了较大幅度的修改,并出台了相应的法律法规,首次提出了人民陪审员只参与审理事实。人民陪审员只参与审理事实无疑是我国人民陪审员制度的一次重大进步,因为只参与审理事实更加符合人民陪审员的自身特点。但在经过一段时间的试行后,笔者作为一名法律工作者,在理论研究及司法实践中发现,人民陪审员制度主要问题依然存在。为此,在本文中,笔者将结合理论研究及司法实践,以人民陪审员审理事实为视角,分析其存在的问题及原因,并提出措施进行解决。
The system of people’s jurors is a trial system in which ordinary citizens participate in judicial trials and exercise judicial power. It is also a basic judicial system established by our country’s constitution. (1) With the continuous development and progress of the society, many problems have emerged in this system that was established more than half a century ago. The problems are mainly manifested in that the system of the people’s jury only can not be realized without the approval of the people, The fundamental purpose. Therefore, in this judicial reform, the system of people’s jurors has also been relatively drastically revised and corresponding laws and regulations have been promulgated. For the first time, the people’s assessors have only participated in the trial of facts. The fact that people’s jury members participate only in trial is undoubtedly a significant step forward in the system of people’s jurors in our country because only participation in the trial of facts is more in line with the characteristics of people’s jurors. However, after a period of trial, the author, as a legal worker, found in the theoretical research and judicial practice that the main problems of the people’s jury system still exist. Therefore, in this article, I will combine the theoretical research and judicial practice, with the people’s jury trial facts as the perspective, analyze the existing problems and their causes, and propose measures to solve.