历史、背景、法理、法律——对我国陪审制度的四维解读

陪审制度自清末移植到我国之后,经历了跌宕起伏的命运历程.由于实践中的运行不尽如人意,再加上其他一些原因,在许多学者眼里,陪审制度成了可有可无的"鸡肋",废止之声日涨.但是陪审制度有其存在的基本价值,它可以在司法独立和司法民主之间确定正常司法的位置,实现一种混合的正义.随着"人民陪审员法"的颁布和实施,陪审制度的第二个春天也许不久就会到来.

Exploration of the Jury System in China: The History, Background, Legal Principle and Law

Jury system was transplanted to China during the last stage of Qing dynasty and since then its development has been up and down. Due to its disappointing practice and other reasons, jury system has become a thing of small value in many scholars' eyes of whom many claim to abolish it. But the existence of jury system has its basic value----it can set up the right location of natural judicature between judicial independence and judicial democracy and achieve a kind of mixed justice. With the promulgation and practice of "the people's juror law", the second spring of jury system is just around the corner.