人民陪审员角色冲突与调适

The Role Conflicts and Adjustment of People's Assessor System

人民陪审员角色分析表明,"陪而不审"现象根源于司法场域的角色冲突。基于角色认知与角色期待的多重性,"陪而不审"尚不能涵盖陪审员角色的全部表现,且"陪而不审"虽非制度期许的正效应,但尚未产生明显负效应。故陪审员角色调适应契合角色认知与期待的多重性:在角色定位上,应回归"外行"应然角色;在角色扮演上,应立足于"参",再着眼于"审";在角色挑选上,应以开放性与随机性为前提,并以开放性保障随机性。

The analysis of role of people＇s assessor shows that inadequate participation in trial of people＇s assessor is due to the role conflicts existing in judicial area. As one aspect of the roles of people＇s assessor,the inadequate participation of people＇s assessor in trial has not caused obvious negative effects so far in practice though it is not consistent with the purpose of the designed people＇s assessor system. Thus,the adjustment of role of people＇s assessor should be a combination of recognization of role of people＇s assessor and aims of the system. In terms of role definition,people＇s assessors are supposed to participate in trail and play a part in reaching a judgment as a source of unprofessional assistance to judges.Moreover,openness and randomness should be ensured in the process of choosing people＇s assessor and the principle of randomness must be based on the principle of openness.