西安石油大学学报（社会科学版）2024，Vol.33Issue(4)：108-115,8.
人民陪审员制度:何以成为"撬动"审判中心的"支点"
People's Jury System:How Can It Become the"Fulcrum"of"Moving"the Trial Center
摘要
Abstract
For a long time,in the process of seeking the foothold of the reform of the trial center,the func-tion of the people's jury system has not been highlighted.Compared with professional judges,the non-profes-sional and part-time characteristics of jurors can become a natural advantage to promote the principle of direct speech,the principle of centralized trial,and the blocking of pre-trial information interference,which are the three trial substantive system support,so that the people's jury system can become a"fulcrum"to"leverage"the trial center.However,we should look at the positioning of the fulcrum rationally,which is indirect and acci-dental,and only by the pragmatic path of"second-order progress"can we achieve the reform goal.The first stage of reform needs to solve the problem of the actual participation of jurors,focus on enhancing the willing-ness of jurors to participate in trial,optimize the selection and appointment of jurors,the composition of the col-legiate panel,and reshape the scope of their participation in trial cases.The second stage of reform should be guided by the shaping of substantive trial,focusing on improving the independent executive status of jurors,and putting emphasis on adjusting the principle of judicial responsibility of judges.关键词
人民陪审员制度/庭审实质化/陪而不审/陪审意愿Key words
people's assessor system/substantive trial/accompany but not judge/jury will分类
政治法律引用本文复制引用
林铮汉..人民陪审员制度:何以成为"撬动"审判中心的"支点"[J].西安石油大学学报（社会科学版）,2024,33(4):108-115,8.基金项目
2024年华东政法大学研究生学术研究与社会调研项目"刑事诉讼全流程适用企业合规的公检法分工及制度研究"阶段成果(2024-3-052). （2024-3-052）
