论陪审团制度在中国的确立

体现司法民主化和审判公正的陪审制度普遍存在于当代世界各国的立法与司法中,根据其形式的不同,又可分为以英美法系国家为代表的陪审团制和以大陆法系国家为代表的参审制两种。通过对两大法系陪审制的利弊权衡,我国应废弃现有的人民陪审员制,在保留法官合议的基础上重构适合我国国情的陪审团制度。

The Building of Jury System in China

The jury system which reflects judicial democracy and judicial fair generally exists all present-day countries in the world, according to the differences of form, it can be divided into two forms: jury system that represents the jury system in the law system of Britain and America ,attend system that represents the countries of continental system. Having weighed the advantages and disadvantages of the two legal systems jury system, the system of peoples assessors should be abandoned in our country. On the basis of retaining the judge collegiate system, we should rebuild the jury system which is suitable for the condition of China.