公众参与案件的审判有着一定的合理性,但这要辅以相应的配套措施才能得以完善。我国无论是从基本制度、国民素质还是从司法实践来看,都不适合陪审制的发展。公众参与到死刑案件的审判中则打破了司法的公正和理性。精英审判,由专业的法官对死刑案件进行审判,是对当事人的负责,也是对法律公正和理性的尊重。 The trial of public participation cases has some rationality, but this should be complemented by the corresponding supporting measures. No matter from the basic system, the national quality or the judicial practice, our country is not suitable for the development of jury system. Public participation in the death penalty trial broke the justice and rationality of the judiciary. Judges of the elite, the trial of death penalty cases by professional judges, is responsible for the parties, but also respect for legal fairness and rationality.