大陆法系国家陪审制度的渊源及特征分析

An Analysis of Character and Source of Jury System in Countries of Continental Legal Family

陪审制度最早源于古西腊时代的梭伦立法,英国被誉为现代陪审制之“母国”。大陆法系国家的陪审制度源于英国,但由于现实国情等因素,大陆法系国家又将移植于英国的陪审制度赋予了自己的特色。大陆法系国家陪审制度与英美法系的陪审团制相比,具有自己的特征:陪审员以个人身份参加案件的审理,陪审员与职业法官具有同等的职权,陪审员在诉讼过程中只参加法庭审理等。

The jury system originated first in Solon legislation in ancient Greece, and Britain is regarded as the cradle of modern jury system. The jury system in countries of continental legal family originated in Britain, but it is endowed with distinguishing features by different countries according to such factors as present conditions. Compared with the jury system in English - American legal family, the jury system in countries of continental legal family is characterized with that the juror can participate hearings as individuals, that jurors and professional judges have equal powers and the juror only takes part in court try in the course of litigation.