我国七人陪审合议庭在刑事案件中的适用范围研究

Research on Scope of Application of Seven-Person Jury in Criminal Case in Our Country

基于对《人民陪审员法》第16条理解上的分歧,当前七人陪审合议庭在我国刑事诉讼中的适用,存在“该用不用”“没有必要用而滥用”的异化状态。究其原因,主要是在理念上重人民陪审员的司法服务功能,轻其司法监督和制约功能,在配套机制上可操作性不足,在司法资源投入上存在缺位与错位。严格落实《人民陪审员法》规定,让七人陪审合议庭在刑事案件中的适用范围重回正轨,需要进一步明确七人陪审合议庭适用刑事案件的范围和违反该制度的后果、明确事实问题清单的制作、优化七人陪审合议庭的司法资源配置。

Based on the differences on the understanding of Article 16 of People's Assessor Law,the application of the seven member collegial panel in the criminal procedure of our country currently exists the dissimilar state of abuse.The main reason is that the seven member collegial panel attaches great importance to the judicial service of the people's assessor and lights judicial supervision and restriction functions of the people's assessor in the ideological concept.At the same time,the seven member collegial panel has insufficient operability in the supporting mechanism,and there is a lack and dislocation in the input of judicial resources.Strictly implementing the provisions of the"People's Assessor Law"and returning the scope of criminal cases applied by the seven member collegial panel to the right track,it is necessary to further clarify the scope of criminal cases applied by the seven member collegial panel and the consequences of violations,clarify the production of the list of factual issues,and optimize the allocation of judicial resources of the seven member collegial panel.