近代俄国陪审制度的创立及其实践

The Creation and Practice of Modern Russian Jury System

陪审制是欧美国家普遍采用的一种司法制度。近代俄国在吸取英、法等国司法实践经验的基础上于1866年正式引入陪审制,陪审团审判因而成为晚期帝俄刑事司法审判的主要形式。俄国陪审团的裁决受到司法宣誓、问题列表制度和社会伦理道德因素的深刻影响,其最终裁定采取简单多数原则。陪审制在俄国的早期实践赢得了人们的普遍认可;但农民占陪审员多数和较高的无罪宣判比率,日渐成为沙皇政府内部保守派攻击陪审制的理由。19世纪七八十年代沙皇政府所采取的一系列反改革措施,大大缩小了陪审法庭的权限;直到20世纪初,陪审制才有了一定的发展。晚期帝俄陪审制的发展虽因沙皇专制制度的制约而未有实质性的发展,但它的引入和实践对于俄国司法的发展、社会结构调整、政治现代化有积极意义。

Jury system has been widely used by many countries in Europe and the United States.Based on the judicial experience of England and France,jury system was officially introduced into Russia in 1866.Jury trials were hence mainly used in criminal justice trial in the late period of Russia.The verdict of Russian jury was subject to the judicial oath,problem list system and the social ethics.Its final ruling adopted the principle of simple majority.Its earlier practice won the full approval of society,but later,the conservatives within Tsar Government attacked the jury system because of the overwhelming majority of the peasant jurors and high rates of acquittals in the trial by jury.In the 1870s and 1880s,the Tsarist government issued a series of measures against the reform which significantly contract the authority of the jury,Russian jury system has not been further developed to certain extent until the early 20th century.Being restricted by the autocracy,the jury system in the late Imperial Russia had not substantially grown,but its introduction and practice was of positive significance for the Russian legal development,for the adjustment of social structure and for the political modernization.