论我国人民陪审员选任机制的完善
发布时间：2018-09-09 08:24
【摘要】：2015年4月,全国人大常委会、最高人民法院、司法部,授权和决定在全国10个省(区、市)50家法院开展人民陪审员制度改革试点工作。目前,我国人民陪审员制度改革试点进程已经过半,上述50家法院在试点中取得一些有益的经验,显露出国民对人民陪审员制度认知度低,陪审制度的监督功能未得到有效发挥;随机抽选机制与人口管理制度之间存在矛盾,且陪审员名额确定基数缺乏科学依据、选任方式单一;随机抽选机制与任期制之间存在冲突;部门协调配合上缺乏依据等等问题。建议从以下途径完善我国人民陪审员机制,即提高陪审认知度,充分发挥陪审制度的作用;采取区分普通陪审员和专家陪审员的选任方式,根据地域、人口特点合理分配随机抽选名额,采取随机抽选为主、推荐与自荐为辅的选任方式,设立专门管理机构,有效实现随机抽选等多样化选任方式;缩短陪审员任期,改人大任命制为备案制;加强各政府部门之间的配合等。
[Abstract]:In April 2015, the standing Committee of the National people's Congress, the Supreme people's Court and the Ministry of Justice authorized and decided to carry out the pilot reform of the people's jury system in 50 courts in 10 provinces (districts and municipalities). At present, more than half of the pilot process of the reform of the people's jury system in our country has passed, and the 50 courts mentioned above have gained some useful experience in the experiment, which shows that the people's recognition of the people's jury system is low. The supervisory function of the jury system has not been effectively brought into play, there are contradictions between the random selection mechanism and the population management system, and there is a lack of scientific basis for determining the number of jurors, and the selection method is single; There is a conflict between the random selection mechanism and the tenure system. It is suggested that the following ways should be taken to perfect the mechanism of the people's jurors in our country, that is, to improve the jury recognition, to give full play to the role of the jury system, to adopt the method of selecting and appointing the ordinary jurors and the expert jurors, according to the region, The population characteristics should reasonably allocate the quota of random selection, adopt the method of random selection as the main selection, recommend and recommend as the supplement, set up special management organizations, effectively realize the random selection and other diversified selection methods, and shorten the term of the juror. To reform the NPC appointment system for the record system; to strengthen the coordination between government departments, and so on.
【作者单位】： 国家法官学院;
【基金】：北京市法学会2015年课题“完善北京市人民陪审员制度研究”(课题编号:BLS[2015]B003)部分研究成果 中国法学会研究课题“人民陪审员主要进行事实认定实证研究”(课题编号:CLS[2016]C35)的阶段性研究成果
【分类号】：D926.2
，
本文编号：2231844
[Abstract]:In April 2015, the standing Committee of the National people's Congress, the Supreme people's Court and the Ministry of Justice authorized and decided to carry out the pilot reform of the people's jury system in 50 courts in 10 provinces (districts and municipalities). At present, more than half of the pilot process of the reform of the people's jury system in our country has passed, and the 50 courts mentioned above have gained some useful experience in the experiment, which shows that the people's recognition of the people's jury system is low. The supervisory function of the jury system has not been effectively brought into play, there are contradictions between the random selection mechanism and the population management system, and there is a lack of scientific basis for determining the number of jurors, and the selection method is single; There is a conflict between the random selection mechanism and the tenure system. It is suggested that the following ways should be taken to perfect the mechanism of the people's jurors in our country, that is, to improve the jury recognition, to give full play to the role of the jury system, to adopt the method of selecting and appointing the ordinary jurors and the expert jurors, according to the region, The population characteristics should reasonably allocate the quota of random selection, adopt the method of random selection as the main selection, recommend and recommend as the supplement, set up special management organizations, effectively realize the random selection and other diversified selection methods, and shorten the term of the juror. To reform the NPC appointment system for the record system; to strengthen the coordination between government departments, and so on.
【作者单位】： 国家法官学院;
【基金】：北京市法学会2015年课题“完善北京市人民陪审员制度研究”(课题编号:BLS[2015]B003)部分研究成果 中国法学会研究课题“人民陪审员主要进行事实认定实证研究”(课题编号:CLS[2016]C35)的阶段性研究成果
【分类号】：D926.2
，
本文编号：2231844
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