南华大学学报（社会科学版）2025，Vol.26Issue(1)：97-103,7.DOI:10.13967/j.cnki.nhxb.2025.0012
专家陪审制的功能定位、困境掣肘与程序优化
The Function Orientation,Dilemma Constraints and Procedure Optimization of Expert Jury System
摘要
Abstract
The development and improvement of the expert jury system not only conforms to the development requirements of ju-dicial specialization,but is also more conducive to achieving the substantive participation of jurors and implementing judicial democra-cy.The main role of expert jurors in case trials is to apply their expertise to analyze and judge the specialized issues involved in the case,assisting judges in resolving technical issues and industry-related difficulties in the trial process.However,in judicial practice,the expert jury system faces difficulties in selecting expert jurors,unreasonable scope of application,and poor coordination with other technical fact-finding mechanisms.In this regard,the particularity of the expert jury system should be taken into account.In the aspect of appointment,diversified standards should be adhered to,and expert jurors should be selected by means of organization recommenda-tion,categorized by profession and field.During the specific application process,the coordination and restraint between the expert jury system and other technical fact-finding mechanisms should be strengthened.In terms of the scope of cases,the expert jury system should be applied to those cases that are professional as a whole and in which the professional issues play a crucial role in the adjudica-tion outcome.关键词
专家陪审员/技术事实/专门知识Key words
expert jurors/technical facts/specialized knowledge分类
政治法律引用本文复制引用
蒋凤鸣..专家陪审制的功能定位、困境掣肘与程序优化[J].南华大学学报（社会科学版）,2025,26(1):97-103,7.基金项目
湖南省社会科学基金青年项目"事实问题法律问题分离模式下人民陪审员职权配置研究"资助(编号:19YBQ004) （编号:19YBQ004）
长沙学院人才引进科研基金项目"人民陪审员职权配置研究"资助(编号:SF1958) （编号:SF1958）
