我国现行陪审制存在诸多缺陷 :陪审员的资格条件不明、选任程序不规范 ,陪审的适用具有任意性 ,陪审员职能异化 ,陪审员的权利义务不对等、责任不明确。但是 ,陪审制仍然有其坚实的理论基础和功能。本文针对现行陪审制的缺陷 ,根据陪审制设立的宗旨对陪审制予以重构 There are many defects in jury system in our country. The jury qualification is not clear, the elective procedure is not standardized, the application of jury is arbitrary, jury function is alienated, jurors’ rights and obligations are not equal, and the responsibility is not clear. However, jury system still has its solid theoretical foundation and function. This article aims at the defect of the current jury system, and reconstructs the jury system according to the jury system