传承与超越:人民陪审制的现代转型

Inheritance and Transcendence:Modern Transformation of People Assessor System

2009年最高人民法院出台了《人民法院第三个五年改革纲要(2009-2013)》,要求进一步完善人民陪审制度,各地也掀起对人民陪审制探索的新高潮。然而,各地探索仍存在改革方向不明确等不足。在此,通过对各地探索的评述,提出人民陪审制的现代转型可以借鉴移植西方陪审制度,化解当前体制缺陷,整体框架上则可考虑充分借鉴国外参审制的成功经验,最终形成以参审制为基础、以陪审团的有限适用为补充的二元陪审模式。

Supreme Peopleb Court in 2009 issued Peopleb Court Third Reform Outline （2009 -2013 ） for Five Years, requesting further perfection of people assessor system, and also brought people assessor system to a new stature in China. However, there still exist deficiencies in the exploration and the ambiguity of reform direction is a major one. Therefore, via the review of the exploration in different regions, this paper points out the modern transformation of people assessor system and aims to resolve the defects of the current system. Moreover, the general framework of people assessor system shall refer to the successful experience of the trial system of assessors overseas, and at last it shall turn into duality jury system based on the trial system of assessors and accompanied by the limited appliance of the jury system.