论陪审独立

陪审制是法院吸收非职业法官参与案件审判的一项重要司法制度.陪审独立是陪审制度中的核心问题.马克思、恩格斯曾对陪审独立作过具体的论述.陪审独立的内涵包括审理职权上的独立和相对于法官的独立两个方面.为了实现陪审独立,必须使人民陪审制度得到法律上的确认,实现真正意义上的审判独立,并明确陪审制的适用范围以及陪审员的资格和产生程序.

On the Independence of the Jury

The jury system is an important judicial system for the court to absorb non-professional judges to participate in the cases. The independence of the jury is the core of the system to act as an assessor. Marx and Engels had once done a detailed study on the independent role of the assessor. The connotation of the independence includes the independent right to function as judges and independent membership choices. In order to achieve independence of the trial, we must legally recognize the jury system of the people, seek true independence of the jury,clarify the scope of its application and specify the juror's qualification as well as the organizing procedure of the jury.