人民陪审员参审规则探析

On the Rules of People’s Assessors Participation in Trial

《人民陪审员法》充分吸收了改革的成果,修改了人民陪审员制度中一些不合适的规定、细化了操作规则、堵塞了制度的漏洞,但还存在一些疏漏。如,立法和司法解释对人民陪审员参审的启动、个案人民陪审员的选任、法官对人民陪审员的指示、人民陪审员参审案件的评议等问题,只有原则性规定,缺乏具体、细化的规则。为规范操作,保障人民陪审员履职的独立性、有效性以及案件当事人的合法权益,有必要探索构建人民陪审员参审启动规则、个案选任人民陪审员规则、法官对人民陪审员的指示规则、人民陪审员参审案件的评议规则等。

The Law of People’s Assessors fully absorbed the achievements of reform, modified some inappropriate provisions in the system of people’s assessors, refined the operating rules and blocked the loopholes of the system,but there are also some omission. For example, legislation and judicial interpretations have principled provisions on such issues as the initiation of people’s assessors’ participation in trial, the selection and appointment of people’s assessors for individual cases, the instructions given by judges to people’s assessors, and the deliberation of the cases people’s assessors participating in, but are lack of specific and detailed rules. In order to standardize the operation,protect the independence and effectiveness of people’s assessors in performing their duties and the legitimate rights and interests of the parties involved in the case, it is necessary to explore and construct reasonable rules for people’s assessors’ participation in trials, such as rules for the initiation of people’s assessors’ participation in trials, rules for the selection and appointment of people’s assessors for individual cases, rules for judges’ instructions to people’s assessors,and rules for people’s assessors’ participation in deliberation of cases.