对我国人民陪审制度否定性思考

A Negative Consideration on People's Jury System

针对我国现存的人民陪审制度,有人赞誉它是民主审判的模式,是司法公正的保障;有人批评它是落后的审判方式,是司法效率的大敌。笔者主张人民陪审制度应当加以废除,一是我国法律文化根基无法吸纳陪审制;二是陪审制的司法价值无法证明其存在的必要性;三是陪审制度的现状说明了其存在的无可行性。

People＇ s Jury System of our country is praised by some people to be the mode of democratic jury and the guarantee of judicial justice, while criticized by others as an inferior trial method and a worst enemy of judicial efficiency. The author holds that People＇ s Jury System should be withdrawn for three reasons. First, jury system can＇ t be absorbed by the root of the law culture of our nation; second, the judicial value of jury system can＇ t be proved to be necessary; third, the present status of jury system justifies its non-feasibility.