完善我国陪审制度的法律思考

The Consideration About the PerfectionOf the Law of Jury System in Our Country

陪审制度的价值主要体现在确保司法民主 ,具有监督、制约功能 ,保障司法公正。但我国现行人民陪审制度因存在种种缺陷而导致在司法实践中未能发挥应有作用。本文通过对陪审制度的历史回顾和比较分析 ,提出在当前司法改革的背景下应加强对陪审制度的具体改革和立法完善 ,并提出相关建议。

The value of jury system can be mainly found in the following aspects, which are to ensure the judicial democracy, to function as a supervising and restraining system and to guarantee the judicial equity. But due to various shortcomings existing in the current system of people＇s jurors in our country, this system hasn＇t played its role in the judicial practices. In this article, through reviewing the history of jury system as well as the methods of comparison and analysis, the author puts forward related advices on how to strengthen the specific reform and legislative improvement of the jury system under the background of the current judicial reform.