我国人民陪审员制度兴衰的原因和改革设想

The Reasons of The People’s Jury System Rising and Falling of Our Country and Reform Suggestion

我国人民陪审员制度自确立后,经历了曲折的历程。除了在个别时期由于党和国家的高度重视和民主高涨,使陪审制度得到较好实施以外,在绝大部分时间里由于"极左"路线、政治和司法集权以及制度设计上的原因,陪审制度或者被弃之不用,或者其实施仅流于形式。2005年新的人民陪审员制度本身仍存在很多问题,原因在于该制度对陪审员的职责定位不准,仍把陪审员定位于法官的参谋和助手,没有将陪审员的职责定位于对职业法官的监督制约,根本原因就是没有将保护民众的权利作为立法目的。在民众权利日益受到公权力和个别职业法官侵犯和威胁的今天,陪审制度应把保护民众的权利作为其立法目的,以民主和权力制约作为制度设计的理念,这符合时代要求和民众的愿望,这样才能使该制度免于重蹈覆辙。

Since the people＇s jury system of our country established, it had experienced a long process of turns and twists. Because the Party and the Nation valued highly and democracy upsurged,jury syetem had been carried out very good in individual period. In majority period, because of the Left Route, political and judicial centralization, and the syetem design,jury system or was abandoned,or its performance became formalistic. In 2005 new people＇s jury syetem still exsits a lot of problems, the reasons that caused the problems is the syetem still sees the juror as the judge＇s staff officer or their assistant, did not design the direction as the juror＇s job to the judge, the basic reason is it doesn＇t design protecting the people＇s rights as the lawmaking purpose. Today the people＇s rights are infringed upon and threatened, jury syetem ought to design protecting people＇s rights as its lawmaking purpose, design the democrace and direction as the thinking of the system, this meets the request of the age and people＇s wish, only obey these principles the system can avoid failour such as the past.