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专家陪审制对于高效解决诉讼中的专门性问题具有积极意义,但陪审制在追求效率的同时,对当事人的程序保障重视不足。另外,专家陪审制在操作性上也存在专家入职与履职方面的现实难点。就此,笔者建议应从加强程序保障的角度对该制度加以完善,调整专家陪审制的正当化基础,以当事人的程序选择权作为专家陪审制的法理基础。从这一视角出发,笔者就如何加强专家陪审制度中的程序保障设计,加强专家陪审过程中的司法公开,提出了自己的建议。
The expert jury system is of positive significance for efficiently solving the special problems in litigation. However, while the jury system pursues efficiency, it lacks attention to the procedural safeguards of the litigants. In addition, expert jury system in operation also has practical difficulties in entry and performance of experts. In this connection, the author suggests that the system should be improved from the point of view of strengthening procedural safeguards and that the justification basis of expert jury system should be adjusted, and the procedural option of the parties as the legal basis of expert jury system. From this point of view, the author puts forward his own suggestion on how to strengthen the procedural assurance design in expert jury system and strengthen the judicial openness during the expert jury trial.