关于我国陪审制度走向的理性思考

基于我国陪审制度在立法和司法层面上存在诸多缺陷 ,学术界就其保存或废除展开了讨论。陪审制度在维护司法公正、司法民主、完善司法实践等方面存在着独特的价值功能 ,所以“废除论”不可取。同时 ,“陪审团论”由于脱离了我国基本的历史与现实 ,因而也是不可取的。那么我国陪审制度的出路何在呢 ?正确的态度应该是坚持在实践中不断完善

Rational Thinking On the Trend of Our Country's Jury System

The rentention or abolishment of our country's jury system has been debated in academic circles since it has so many defects on legislative and judicial level. Such special value function has been attached by jury system to maintain judicial justice and democracy and consummate judicial practice etc. That “theory of abolishment” makes no sense. Separated from our country's basic history and reality,“ jury theory” in the mean time can't be taken into consideration. Then what's the outlet for our country's jury system? The correct attitude we should adopt is to keep consummating it in practice.