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陪审制基于其追求司法民主、公正、公开、效益的价值理念,自其产生以来,便受到英美法系和大陆法系各国的普遍青睐,在其发展过程中逐渐演绎出两种不同的形式——陪审团制和参审制。然而随着社会的不断发展,陪审制的价值越来越受到学者的置疑,本文拟通过对不同法系的陪审制运作的比较,从中梳理出重新对陪审制进行价值定位及完善我国陪审制度的基本思路和改进建议,以期对我国审判制度的改革有所助益。
Since its establishment, jury system based on the values of its pursuit of judicial democracy, fairness, openness and effectiveness has been widely favored by Anglo-American legal systems and civil law countries, and has gradually deduced two different forms during its development: Jury System and Participation System. However, with the continuous development of society, the value of jury system is more and more questioned by scholars. This paper attempts to compare the operation of jury system in different legal systems to find out the value of re-jury system and improve the jury system in our country Basic ideas and suggestions for improvement, with a view to the reform of our trial system is helpful.