陪审团在衰退吗——当代英美陪审团的发展趋势解读

Are the Jury Trial Declining and Dying?——An Explanation of the Modern Anglo-American Jury Trial Tendency

陪审团审判在民事案件和刑事案件中的使用都呈逐渐减少之趋势,并且批评陪审团审判制度的声音也越来越多。但是一些原来已经废除陪审团审判的国家却正在恢复或试图恢复这一制度。陪审团审判的生命力仍然旺盛,因为它仍然在保障自由、制约国家权力方面发挥着不可替代的作用。

It seems that the jury trial is declining both in civil and criminal procedures. While there are more and more critiques against jury trial, it is refreshing in some countries and some others are considering adopt it again. This is mainly because the jury trial's protection of people's liberty from invasion of the government still cannot be replaced by other kinds of trials. This makes jury trial survive.