我国人民陪审员制度的改革及完善

发布时间：2018-11-10 10:34

【摘要】：人民陪审员制度是我国人民法院在审判案件过程中,由符合条件的普通民众参加组成合议庭进行案件审判的制度。实行人民陪审员制度,是公民直接参与司法活动的一种民主形式,在人民法院的审判程序中设置了监督制约机制,对于抑制司法腐败,实现司法民主具有重要的意义。我国人民陪审员制度最初是由清末变法活动中从西方予以引进,历经各个时期的变迁,但是由于种种原因人民陪审员制度长期以来并未体现出其应有的功能,与预期的价值目标相差甚远,以至于理论界和实务界曾对陪审制度存废展开激烈的讨论。时至今日,在我国当前进行民主政治建设和司法改革大环境下,其维护司法民主与保障公民权利的价值又重新得到广泛关注。然而现行法律对人民陪审员制度规定仍存诸多不足之处,其实际操作也因内容过于笼统难以有效实行,进一步完善将是不可阻挡的潮流和趋势。本文以我国人民陪审员制度为研究内容,以坚持、完善人民陪审员制度为主要立足点,结合实际操作中存在的问题,进行论述。笔者认为我国人民陪审员制度存在诸多问题的主要原因在于立法层面、操作层面不完善,模式设计不合理。本文提出从宪法上确立人民陪审员地位,立法上对人民陪审员的分类、任职条件、职责范围、陪审方式加以规定,操作上制定相应的配套措施与实施细则,陪审模式上设计参审制和专家陪审团结合的模式等方法和观点,以期能引起专家学者对人民陪审员制度更多的关注和研究。全文主要分为三个部分,我国人民陪审员制度运行的基本情况及存在的主要问题、我国陪审制度存在问题的成因分析、我国人民陪审员陪审制度的改革完善这三个方面,运用比较、分析、归纳、总结等研究方法,分析了当前我国人民陪审制度运行的基本情况和存在的问题,从我国的司法实践出发,提出从立法上、操作上、陪审模式上改革完善人民陪审员制度的方法和观点。以期从立法的角度确立人民陪审员制度的地位,从立法上对人民陪审员分类,并按分类确定任职条件,规定人民陪审员的任期和参加陪审方式,明确人民陪审员的职责;在实际操作中制定相应的配套措施与实施细则,实行陪审式合议庭的责任制,确立参审制与专家陪审团相结合的陪审模式,创造良好的客观条件,确保人民陪审员能够切实履责使我国的人民陪审员制度在实践中真正发挥作用,体现其存在价值。
[Abstract]:The people's juror system is a system in which the people's court of our country forms a collegial panel to try a case in the process of trial by ordinary people who meet the requirements. The implementation of the people's jury system is a democratic form in which citizens directly participate in judicial activities. It is of great significance to control judicial corruption and realize judicial democracy by setting up a supervisory and restrictive mechanism in the judicial procedure of the people's court. The people's jury system in our country was originally introduced from the west in the late Qing Dynasty, and has undergone changes in various periods. However, for a long time, the people's jury system has not reflected its proper function for a long time. So far from the expected value goal, the theorists and practitioners have launched a heated discussion on the jury system. Today, under the circumstances of democratic political construction and judicial reform, its value of safeguarding judicial democracy and safeguarding civil rights has been paid more and more attention. However, there are still many deficiencies in the regulations of the people's jury system in the current law, and its practical operation is too general and difficult to be effectively implemented. Further improvement will be an irresistible trend and trend. This article takes the people's jury system of our country as the research content, regards insisting, consummating the people's jury system as the main foothold, unifies the actual operation question, carries on the discussion. The author thinks that there are many problems in the system of people's jurors in our country, the main reasons lie in the legislative level, the operation level is not perfect, and the mode design is unreasonable. This paper proposes to establish the status of the people's jurors from the constitutional point of view, to legislate on the classification of the people's jurors, the conditions of their office, the scope of their duties, the way of the jury, and to formulate the corresponding supporting measures and detailed rules for their implementation in operation. In order to attract more attention and research on the people's jury system, this paper designs the methods and viewpoints of the jury system and the combination of the expert jury system and the expert jury system, and so on, in order to arouse the experts and scholars to pay more attention to the people's jury system. The paper is mainly divided into three parts: the basic situation of the operation of the people's jury system and its main problems, the analysis of the causes of the problems existing in the jury system, the reform and perfection of the people's jury system in our country. By means of comparison, analysis, induction, summary and other research methods, this paper analyzes the basic situation and problems existing in the operation of the people's jury system in our country at present. From the judicial practice of our country, it puts forward that the system should be legislated and operated. The methods and viewpoints of reforming and perfecting the people's jury system in the jury mode. In order to establish the status of the people's jury system from the angle of legislation, classify the people's jurors from the legislative point of view, determine the terms of office according to the classification, stipulate the term of the people's jurors and the way to participate in the jury, and clarify the duties and responsibilities of the people's jurors; In the actual operation, we should formulate the corresponding supporting measures and implementation rules, implement the responsibility system of the jury collegiate panel, establish a jury model combining the jury system with the expert jury, and create good objective conditions. To ensure that the people's jurors can carry out their duties so that the people's jury system in our country can really play a role in practice and embody its existence value.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.2

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