人民陪审员参审职权改革:实证分析与路径选择

Reform to the Right of the People’s Juror to Participate in the Trial: Empirical Analysis and Path Selection

人民陪审员参审职权存在诸多问题,传统“民主政治”意义上“象征性”制度设置是历史背景,人民陪审员参审素质与能力不足以及法官对其“辅助性”,甚或“陪衬性”角色定位是内在原因,人民陪审员参审职权相关规定的执行“失范”与设计“缺失”是外在变量,配套机制“支撑”不足是负面因素。其今后的改革路径应以“实质性参与庭审”为中心,在职权合理配置和有效制衡基础上,围绕审前、庭审、评议着力司法技术层面精细化的制度、规则、程序构建。同时,完善履职培训、参审案例指导制度等机制。

Many questions about the rights of the people s juror in the trial,The symbolic system setting in the traditional democratic political sense is the historical background, The quality and ability of the people s juror to participate in the trial are insufficient and the judge places the people s juror in a auxiliary or even secondary role is internal cause. The provisions of the people s juror to participate in the trial shall not be standardized in the execution and lack of design is external variables. The lack of supporting mechanism is a negative factor. The future path of the reform of this system should be centered on substantive participation in trial, based on powers reasonable configuration and effective balances, around the pre-trial, trial and deliberation, focus on the construction of refined systems, rules and procedures at the judicial technical level. At the same time, perfect training to perform duties and the case guidance system.