从中美陪审制度看我国取消人民陪审员制度之必然性

Discuassion on the Inevitability of Cancelling the System about the People's Juror in China from Sino-US Jury System

人民陪审员制度曾在我国作为一项法律制度存在过;在我国理论探讨中,对于我国陪审制度今后的走向有完善立法论、引入陪审团制度论和坚决取缔人民陪审员制度说三种不同的观点。文章通过中美陪审制度的比较,对三种不同的主张进行具体分析,建议我国逐步取消人民陪审员制度,以完善我国的法律制度。

The system about the people's juror had ever been in existence as a legal principle in our country.In the theoretical discussion in our country,there are three different points of view about the system on acting an assessor in a law case in the future in our country-the opinion about how to perfect the system through law making, to introduce the jury system,and to cancel the system about the people's juror.Through the comparison of the system on acting an assessor in a law Case between China and America,the author makes a concrete analysis about the three different opinions and suggests cancelling the system about the people's juror gradually so that the legal system in our country will be perfect and the lofty goal to manage state affairs depending on laws in our country will be achieved in the end.