人民陪审员制度的民主逻辑与完善进路

The Democratic Logic and Improvement Way of People's Juror System

人民陪审员制度存在事实认定效益不彰、事实审与法律难舍难分等隐忧。以司法民主为支撑理念,制度的民主逻辑围绕"参审的直接性、实质性和决策性"展开,要保障人民陪审员的裁判者地位,如信息平等和权力对等。以司法公信力为制度目标,发挥发现真实、实现司法公正等司法功能,促进庭审实质化改革。要建立问题列表制度以明确参审范围,细化职业法官指示义务的基本内容,落实集中审理等庭审原则,确定人民陪审员的自由心证证明模式。

The people's jury system has some hidden worries,such as the low efficiency of determining fact,the fuzzy boundary between factual and legal trials. With the theory of judicial democracy as the support,the point of the democratic logic is“the direction, substantive and decision of participation in the trial”. It is necessary to ensure the people's jurors the status of judges,such as information equality and power equality. With the aim of judicial credibility,the system should play a role in finding truth and realizing judicial justice,promoting the substantive reform of court trial.We should make question lists to clarify the scope,refine the basic content of professional judges' instructional obligation,implement the principle of centralized trial,and determine the free evidence proof mode of people's jurors.