文本与实践中的人民陪审员退出与惩戒机制

Withdrawal and Disciplinary Mechanism of People's Jurors in Text and Practice

我国人民陪审员制度发挥着重要的政治功能,同时肩负着一定的司法功能。对于两种功能应当给予同等重视。人民陪审员的退出与惩戒机制有着紧密的逻辑关系:退出是惩戒的逻辑终点之一,退出机制完善是惩戒体系健全乃至陪审制度良性运作的表征之一,也是人民陪审员制度是否健全的重要评价指标;"惩戒"是特定情形下伴随"退出"的必然后果,二者适用范围有明显不同。因此,应从逻辑上区分退出与惩戒两种机制,理顺二者逻辑关系,为人民陪审制度切实有效发挥作用提供有效的制度保障。未来人民陪审员退出与惩戒机制的完善,应在发挥政治功能的同时,科学、合理、高效地发挥司法功能。

The People’s Jury system in China not only plays an important political role but also has certain judicial functions,and therefore its political and judicial functions should be emphasized simultaneously. The withdrawal mechanism and disciplinary mechanism of the People’s Jury system are logically related to each other. The withdrawal of the juror from the jury is the very last punishment by the disciplinary mechanism. Whether the withdrawal mechanism is sound or not is one of the key index of the perfection of the People’s Jury system. The perfection of the withdrawal mechanism could show that the disciplinary mechanism and the jury system in China are working efficiently. Punishment on the juror is the inevitable result of the withdrawal mechanism under specific circumstances,but these two can obviously be applied to different circumstances. It is therefore necessary to differentiate the logical distinctions of these two cases,thus providing support for the efficient operation of the People’s Jury system. When the withdrawal and disciplinary mechanisms are to be improved in the future,their political functions should be taken into consideration and their judicial functions will be fully and efficiently developed.