《中共中央关于全面推进依法治国若干重大问题的决定》以及《人民陪审员制度改革试点方案》的出台,试点法律审与事实审的分离,标示了我国人民陪审员制度的改革一个重要节点。陪审制度最早起源于西方,经过长期的历史积淀,本文拟通过对普通法系、大陆法系陪审制度的比较分析,结合我国陪审制度现状,探讨人民陪审员制度中法律审与事实审分离途径。 The Decision of the CPC Central Committee on Several Major Issues in Ruling the Country by Law and the Pilot Program for the Reform of the People’s Juror System were introduced. The separation of the pilot legal trial from the factual trial marked an important node in the reform of the people’s jury system in our country. The jury system originated in the west for the first time. Through long-term historical accumulation, this article intends to discuss the ways of legal trial and factual examination in the system of people’s jury through the comparative analysis of common law and civil jury system and the status quo of jury system in our country.