陪审员的素质与陪审制度的设计

陪审制度从它产生的那一刻起,对于陪审员的素质要求就限于案件事实认定所需要的各种能力。现代社会更是如此。因为随着法律的不断发达,陪审员在法律适用方面的能力是无法和专业法官相比的。如果我们从陪审制度的政治意义出发去确定陪审员的范围,然后再根据该范围内陪审员的素质去确定陪审员的职能,就容易得出在具体案件审理中,陪审员只需对案件事实的审理负责,而法律的适用则由职业法官来处理这一结论。

The Making of a Juror and the Design of the Jury System

The history of the jury system express that the ability of the juror is required to judge the fact.Now,the law is flourishing step by step.The juror's ability is not equal to the judge in the law.If we decide the juror's scope from the political meaning of the jury system,and we decide the juror's power from the juror's ability,we know that the juror needs only to be responsible for the case of fact,but judge for the law.Otherwise,under the condition of the our country written laws is continuously flourishing,even is the continuous elite of juror it also hard change Juror's ability is low and get away from phenomenon of Juror's nonperformance job.At the same time,Juror's elite turned to disobey the aim of the jury system.