司法专业化与社会化的适度平衡:台湾观审制改革及其启示

A Proper Balance between Judicial Professionalization and Socialization:The Reform of Taiwan Advisory Jury System and Its Enlightenment

观审制改革是目前台湾讨论最热烈的"司法改革"议题。所谓观审制,是让经由一定程序选出的普通民众担任"观审员",针对一些重罪案件,全程参与第一审法院的审判程序。评议时,观审员虽不能参与表决,但可以表示意见,为法官下判作参考。观审制改革是台湾民众对司法的不信任与日韩的国民参与审判立法共同作用的结果。观审制主要包括观审员及其选任程序、观审法庭组成及适用案件类型、审判程序、评议程序四部分内容。观审制对目前河南省正在进行的人民观审团机制改革具有重要借鉴意义。

The reform of advisory jury system is currently the most heated discussion issues of the ＂judicial reform＂ in Taiwan. The so-called advisory jury system means that some ordinary people are selected as ＂advisory jurors＂ through certain procedures to fully participate in the first instance trial for some felony cases. When judges are deliberating, the advisory jurors cannot be involved in voting but can express their opinions as a reference for the judges. The reform of the system results from the pepole in Taiwan＇s distrust of their judiciary and the involvement of ordinary Japanese and South Korean people in their trial and legislationl. The reform consists of four parts ： the selection of advisory jurors, the composition of advisory court and the application of case type as well as the trial and evaluation procedures. The advisory jury reform is of significant value to the reform of the people＇s jury group mechanism in Henan.