人民陪审制改革的路径完善与制度因应——通过化解行政诉讼的陪审困境更新智识来源

The Perfect Method and Institutional Response ofthe Chinese People's Jury System Reform:Updatethe Intellectual Source by Resolving Problems aboutthe Jury of Administrative Litigation

我国人民陪审制的改革路径,始终踟蹰于对先天不足的域外陪审制度加以移植,并逡巡于有待完善的本土陪审实践。晚近十年,以刑事、民事诉讼的实证数据及规范文本为素材而展开的探讨可谓浩如烟海,但关涉行政诉讼中陪审困境的研究却凤毛麟角,各地的陪审改革试点亦多以刑事、民事诉讼为中心。这种从理论到实践层面的偏颇对待已不当限缩人民陪审制改革的智识来源。虑及行政诉讼有别于刑事、民事诉讼的特殊性,对行政诉讼陪审的特殊困境刨根问底进而对症下药,有助于更新我国人民陪审制改革的智识来源,为以区分诉讼性质为前提的精细化陪审设计夯实基础。

The Chinese people's jury system reform always hesitates to transplant the defective extra-territorial jury systems and prowls the local jury practices which still need to be improved. Last ten years,Studies,which are based on the empirical data and specification text of criminal litigation and civil litigation,are vast. However,studies about the jury of administrative litigation are very few. Most of the local jury reforms focus on criminal litigation and civil litigation. Such biased treatments from theory to practice have improperly limited the intellectual source of the Chinese people's jury system reform. Considering the particularities of administrative litigation which are different from criminal litigation and civil litigation,studies,which are about the special problems and their solutions of the jury of administrative litigation,are helpful to update the intellectual source of the Chinese people's jury system reform and consolidate foundations of the exquisite jury which is based on distinguishing the nature of litigations.