司法审判民主化选择的理论与实践(二)——陪审制与参审制之比较

Theory and Practice of Democratization of Justice

陪审制与参审制都是近现代国民直接参加司法审判的制度 ,但两者的具体表现方式及其效果迥然不同。在司法审判民主化改革的理论研究和实践中 ,正确把握两者的区别和优劣 ,对我国今后的司法改革有益无害。

People's directly partcipating in justice system is the main characteristic of jury system as well as the trial system of people's assessors in modern times.However,they substantively differ from each other with respect to the ways of exercising and their social effects.A better understanding of the differences between the two systems in research and practice of the democratization of justice system will benefit the judicial reform in China.