党的十八届四中全会提出,逐步实行人民陪审员不再审理法律适用问题,只参与审理事实认定问题。人民陪审制度具有司法民主和司法监督的双重价值。从司法实践来看,人民陪审制度所包含法律审的现行规定面临着自身能力不足和外部压力的双重阻力。然而人民陪审法律审仍有其一定的价值基础。人民陪审员事实审制度构建应当避免绝对化,通过区分案件类型、陪审模式、案件影响等积极构建差别化参审职权配置模式,以促进人民陪审制度的价值和功能得以充分发挥。 The Fourth Plenary Session of the 18th CPC Central Committee proposed that the gradual implementation of the people’s assessors will no longer hear the application of law and will only participate in the trial of the facts found. The people’s jury system has the dual value of judicial democracy and judicial supervision. Judging from judicial practice, the existing provisions of the legal review contained in the system of people’s jury are faced with the dual resistance of their own lack of ability and external pressure. However, people’s jury trial still has its own value basis. The construction of the people ’s jury trial system should avoid the absolute. By differentiating the types of cases, the mode of jury trial, the influence of the case and so on, the author constructs the disposition mode of the differential sentencing power in order to give full play to the value and function of the people’ s jury system.