我国陪审制度立法完善再探讨

摘要

当前我国陪审制度过于流于形式已成为不争的事实，其症结之所在是因为陪审制度在人数、选任、任期和职能等运行细则问题上没有厘清。建议在修订我国陪审制度时，在合议庭中适度增加人民陪审员的人数，可以借鉴仲裁员选任的方式改革我国人民陪审员的选任，并对人民陪审员的任期改为一案一选，一案一任。关于人民陪审员的职能可尝试在审判程序的不同阶段予以划分。%Tn the current jury system which is only a kind of facial form has become an indisputable fact in our country. The crux is the reason that jury system is not clarified in details about the number, term, select and functions of jury system. In the revision of jury system in China some suggestions that the member of a jury should be increased appropriately, the appointment of people’s jury should be reformed on the basis of the appointment of arbitrators, the term of people’s jury should be changed into an appointment in a case and a selection in a case and the functions of people’s jury should be divided in different stages of trial procedure.