论人民陪审员事实审的范围厘定和程序保障

On the Range Determination and Procedure Guarantee of the People's Jurors'Fact Trial

人民陪审员事实审和法律审难以区分的困境主要在于:诉讼法中未区分事实问题和法律问题;司法实践中法律方法缺位。事实问题和法律问题的区分应当在法律适用的逻辑过程框架中进行,可以通过证据得出结论的是事实问题,涉及涵摄、价值判断、举证责任分配的是法律问题。通过直接感知而认识的事实、通过对人的行为和表示的注解而认知的事实以及其他借助社会经验认知的事实是事实问题的三种典型表现。在适用人民陪审员事实审制度前,应当加强对于人民陪审员证据审查能力的培训,构建以事实问题清单为基础的法官指示制度,并通过表决程序安排来保障人民陪审员的表决自由。

The dilemma that people’s jurors are difficult to distinguish between fact trial and legal trial lies in the fact that there is no distinction between factual issues and legal issues in the procedural law.Besides,legal methods are absent in judicial practice.The distinction between factual issues and legal issues is commonly faced by all major jurisdictions problem.The distinction between factual issues and legal issues should be carried out within the framework of the logical process of law application.It is factual issues that can be concluded through evidence,and legal issues are involved in contemplation,value judgment,and distribution of burden of proof.Facts recognized through direct perception,facts recognized through annotations to human behavior and expressions,and other facts recognized through social experience are three typical situations of fact problems.Before applying the people’s juror fact trial system,it is necessary to strengthen the professional knowledge of the people’s juror evidence review,affirmation and acceptance;build a judge’s instruction system based on the fact question list as the core of the collegiate procedure in the fact trial;establish people’s jurors,The order of speaking of the participating judges and the presiding judge shall guarantee the freedom of voting of the people's jurors.