两大法系陪审制度下我国人民陪审制度的困境与进路

The Impediment and Breakthrough of People's Jury System in the Two Legal System Countries

陪审制度是两大法系国家司法审判的重要制度之一,其价值功能是多方面的,具有重要的理论意义和实践意义。以我国人民陪审员制度存在的问题为视角,在阐述两大法系国家陪审制度的发展过程以及大陆法系国家最终放弃陪审团制度、选择参审制的内在动因与社会条件的基础上,从人民陪审员的选拔、数量、裁决方式、参与死刑案件审理等方面提出我国人民陪审员制度的具体完善路径。

As one of the important system of justice in the two legal system countries, jury system has important meaning. In this paper, as the analysis background, our people＇s jury system firstly discusses the evolution of jury system in countries of the two legal systems. Secondly, it analyze the civil law countries give up the jury system, choose intrinsic and social conditions of assess or system. On this basis from the selection of people＇s quantity, ruling way, participate in the death penalty cases, focuses on the analysis of the practical difficulties, our people＇s jury system currently facing the ways to reform and perfect plan, in order to make a breakthrough for the healthy and stable development of the jury system in our country.