公民的司法参与权研究

Citizens’ Access to Justice

公民享有司法参与权是人民主权的有力体现,也是公民实现政治参与的重要途径。宪法和相关法律为公民的司法参与权提供法律依据,正当程序和司法民主理念则是公民司法参与权的法理基础。我国公民司法参与权的表现形式多种多样且范围十分广泛,但我们仍需要通过增加诉权的宪法保障、规范细化陪审制度和人民监督员制度等途径予以完善,以保障公民司法参与权的实现。

Citizens＇ access to justice serves as a clear proof of people＇ s sovereignty and is also an important way for citizens to participate in political activities. The legitimacy of citizens＇ access to justice roots in the Constitution and relevant laws while due process and judicial democratic notions are deemed as its jurisprudential foundation. In China, though people are entitled to participate in judicial matters in many ways and in many fields, access to justice still needs to be improved through further constitutionally protecting right to sue and normalizing and detailing the provisions of people＇s assessors and people＇s supervisors.