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根据最高人民法院和司法部联合印发的《人民陪审员制度改革试点方案》,人民陪审员在案件评议过程中就事实认定问题独立发表意见,不再对法律适用问题发表意见。人民陪审员和职业法官开始分工,由法官和陪审员对事实问题共同负责,法官对法律问题独立负责。对人民陪审制度中法律审和事实审分离机制的探讨,有助于进一步发现人民陪审员在事实认定中遇到的困难和障碍,以提出有效的解决措施,保证人民陪审员在事实认定方面真正发挥作用,改变长期存在的“陪而不审”现象。
According to the Pilot Program for the Reform of the System of People’s Jurors jointly issued by the Supreme People’s Court and the Ministry of Justice, the people’s assessors independently expressed their opinions on the determination of facts in the course of the case appraisal and no longer expressed their opinions on the application of law. People’s jurors and professional judges began to divide their labor. Judges and jurors jointly held responsibility for factual issues. Judges were independent and responsible for legal issues. The discussion on the mechanism of legal trial and factual examination and separation in the system of people’s jury will help to find out further the difficulties and obstacles encountered by the people’s assessors in the factual determination so as to put forward effective solutions to ensure that the people’s assessors are genuinely cognizant of the facts Play a role in changing the long-standing “without trial ” phenomenon.