摘要
2014年10月,党的十八届四中全会审议通过了《中共中央关于全面推进依法治国若干重大问题的决定》,该项决定明确指出要完善人民陪审员制度,保障公民陪审权利。在美国陪审团制度中,陪审员凭借内心正义感决断案件,保证审判体现公意,但是制度存在的相关问题也使得美国陪审团制度面临重大挑战。在完善人民陪审员制度的必然趋势下,通过对美国陪审团制度的借鉴,我国可以从保障公民陪审权利、完善人民陪审员制度实施细则、明确区分人民陪审员与法官的职责范围等方面完善人民陪审员制度,真正实现人民陪审员制度的应有价值。
In October 2014, at the 4^th Plenary Session of the 18^th Central Committee of CCP, the committee deliberated and passed the Decision on Several Major Issues in Regard to Overall Boosting the Rule by Law. In the decision, it had been made clear that the system of people＇s assessors would be perfected to guarantee the civil right to serve as assessors. In the U.S, the jury system empowers jury to reach a verdict depending on jurors＇ sense of justice so that the will of the public can be guaranteed in trials. However, the system faces great challenges due to the problems relating with it. Reforming the system of people＇s assessors has become an inevitable tendency. By drawing lessons from American jury system, China can reform the system of people＇s assessors from the following aspects such as ensuring the civil right to serve as assessors, perfecting the enforeement regulations of the system and clearly differentiate the responsibilities of judges and assessors, so that the system can be brought into full play.
出处
《丽水学院学报》
2015年第4期94-98,共5页
Journal of Lishui University
