日本重建刑事陪审制度的启示

Illumination from the Revival of the Criminal Jury System in Japan

从20世纪末开始,日本通过司法改革重建刑事陪审制度。陪审团制度作为公民参与司法的一种途径,具有制度上的优势,日本为重建刑事陪审团制度做好了制度上的准备,虽存在一定障碍,但为保证陪审制度的成功实施提供了可能性。这一改革对中国的司法改革具有重要的启发意义。

From the end of the 20^th century,the Japanese government announced that they would revive the criminal jury system.A jury would be a better finder of fact because juries,unlike judges,do not hear cases on a daily basis and would not simply accept the decision of the prosecutor.Theoretically,juries would be more inclined than a judge would be to listen to the evidence and deliver a fair verdict.The purpose of reviving the criminal jury system in Japan is to decrease the miscarriages of justice and enhance the nationwide belief in legal conclusions.The revival of the criminal jury system in Japan has significant illumination to Chinese legal reform.