刑事裁判權在法官與陪審員之間的配置

Allocation of Criminal Jurisdiction between the Judge and Jurors

刑事裁判權在法官與陪審員之間的配置，在理論上可以概括為分權、共享和建議三種模式。國民對職業法官中立地位的信任程度、被告人獲得陪審員審判權的憲法定位、刑事訴訟理念的差異是影響刑事裁判權在法官與陪審員之間配置的主要因素。實現陪審員獨立審判、法官與陪審員能夠形成有效的合作、法官對陪審員能夠形成適當的制約是在法官與陪審員之間科學配置刑事裁判權的目標定位。我國正在試點實施的刑事裁判權在法官與陪審員之間的配置改革方案總體可行，但需要做些微調，同時應當落實法官獨立裁判、注重法官的精力投入和適當調整合議庭的組成結構及規模。

Allocation of criminal jurisdiction between the judge and jurors can be generalized as the three modes of separation of power, sharing and recommendation in theory. The main factors which influence alloca­tion of criminal jurisdiction between the judge and jurors are the degree of trust of civilians for the professional judges, neutral position, the constitutional status of a defendant having the right to jury trial and the different i- deas of criminal proceedings. The object locations of scientific allocation of criminal jurisdiction between the judge and jurors are to realize the jurors ’ independent trial, to form an effective cooperation between the judge and jurors and to form appropriate judge ’ s constraints to the jurors. Currently, the reform program of the allo­cation of criminal jurisdiction between the judge and jurors, as a whole, are feasible, but need to fine tune, and at the same time, need to implement the judge independent trial, envisage the judge energy input in the al­location of criminal jurisdiction, and adjust the composition and structure of collegiate bench appropriately.