英美法系国家的陪审团制深刻体现了“人民审判人民”的民主性特征,其产生之初就是对封建专制的抵抗,设计目的则是对审判权的制约。然而事物似乎总是存在着“否定之否定”的定律,在我们歌颂陪审团孕育及彰显民主的同时,也要警惕其出现“民主的暴政”的倾向。 The jury system in Anglo-American legal system profoundly embodies the democratic character of “people’s trial of people ”, which was born from the resistance of feudal despotism and designed to restrict the jurisdiction. However, things always seem to have the law of “negation of negation.” As we praise the jury for nurturing and highlighting democracy, we must also guard against its tendency to emerge from “tyranny of democracy.”