“平民法官”民主化司法的困境与出路——以D市R区法院为例探索人民参审员选任机制

The Dilemma and Outlet of Democratization Justice of “Civilian Judge”—Explored the Election Mechanism of the People's Assessors in the Case of the R District Court in the D City

"平民法官"的陪审地位削弱了民众在分享审判权中的能动性,应摒弃"人民陪审员"的称谓,以"人民参审员"取而代之。"参而不审、形式化参审"已成为延缓参审制改革的桎梏,究其根本,源于选任制度的瑕疵。应在源头上消解阻碍"平民法官"参审的不利因素,在选任权属设置上消解法院对参审制运行的制约,并明确权责,惩戒"消极参审"。

＂Civilian judge＂ whose jury status was weakened as the public share jurisdiction in the initiative, we should abandon calling them “ people’s assessors” ,to be followed by a “ people’s participation” ＂ 44 Attend but not judge, formalized judge＂ has become the shackles of the reform, in-vestigate its fundamental, it is the result of selection system defects. We should resolve the disad-vantage obstacles at source of u civilian judge ; clear up the retaining ownership of court in the right of selection; furthermore, clear responsibilities, retribution “negative judgment” .