对中国陪审制度的实证研究——以某市基层法院为视角

中国陪审制度在司法实践中的独特性和具体运行情况究竟如何?我们通过对一中心城市基层法院陪审制度实际运行状况的实证调查,发现中国陪审制度不同于两大法系陪审制度的诸多特点,并得出其制度设计与立法预期存在较大差异的结论。在事实分析基础上提出了对中国未来陪审制度的改革进路的价值评判。

Practical Studies on the Trial System of People's Assessors of China:Based on a Local Court in a City

Jury system,as one of the most typical ways of involvement of common people in judicial practices,is an important aspect of reforms being carried out in China's judicial system.What is the actual situation and real effect of China's trial system of people's assessors in judicial practices?Taking this question into consideration,the author has positively investigated China's contemporary trial system of people's assessors in its legislative concerns and judicial practice based on the careful investigation of a typical local court in a big city.The author concludes that China's system has many characteristics different from those of the two main jury systems in the west as the system design and presumption of legislature sharply differs.On the basis of analyses of facts,the author gives some suggestions to perfect China's present jury system.