司法过程中的民主参与:从律师到人民陪审员

DEMOCRATIC PARTICIPATION IN THE JUDICIAL PROCESS:FROM LAWYER TO PEOPLE'S JUROR

公民参与在中国不仅获得了理论上和政治上的正当化,而且进入了具体的公共生活实践。公民不仅在立法过程和行政过程中存在参与式民主的需求,而且在司法过程也存在参与式民主的需求。人民陪审制度是我国司法制度的重要组成部分,是司法过程向公民有限开放的特殊制度,显示了司法民主化的倾向。普通大众担任人民陪审员,将会产生法律专业知识缺乏、司法经验不足、培训成本较高、参与意识不强、参与能力不够、参与效果不佳等问题。如果让更多的律师充当专家陪审员,基本可以解决司法民主化和司法专业化之间的矛盾。

In China,civic participation has not only gained theoretical and political justification,but also been put into practice in public life.Citizens demand participatory democracy not only in the process of legislation and administration,but also in judicial process.The system of people's juror is an important component of judicial system in our country by means of which judicial process opens to citizens to a certain extent,which shows the democratic tendency of judicature.However,problems such as high expense in training,weak consciousness and inability of participation,poor effect in participation,etc.may arise when common people serve as people's juror,as they lack legal knowledge,and are inexperienced in judicature.If more lawyers serve as the expert jurors,the contradiction between democratization and specialization of judiciary can be resolved.