我國人民陪審員制度運行實證研究－－以中部某縣級市為分析樣本

An Empirical Analysis on Operation of the People's Assessor System: Taking A County-level City in Central China as the Sample

人民陪審員制度是實現司法民主的理想選擇。然而，實證研究表明，陪審制度實踐效果與其理想目標相去甚遠，衍生出民眾參與度不高、適用意願不強、陪審員難以實質性參與及被法官化等問題。要使制度理想為民眾所接受並使制度功能得以充分發揮，須解決一元制度設計與二元社會結構潛在對立、陪審員角色定位元與民眾認識錯位、陪審民主功能與司法功能缺乏整合、陪審員職權配置與案件類型不相匹配等問題，以適當分權、適度開放的二元或多元設計彌合理想與現實的距離，消解潛在的對立和衝突。

The people's assessor system is an ideal choice for judiciary to keep the affinity to the people and to reflect popularity. Empirical research shows that, however, it has some problems, such as public participation being not high, the willingness to apply the law being not strong, the assessor's substantive participation being difficult and assessors having the same duties, rights and liabilities as judges, for the ideal system design might be incompatible with social and institutional contexts. To make the systematic ideal accepted and the institutional function fully played, the following problems must be resolved: the potential conflict between the unified system design and dual social structure, the dislocation of the assessor's role designed and the public awareness, the lack of integration between the democratic function and judicial function of the people's assessor system, the mismatch between the allocation of the assessor's authority and the types of cases. The gap between reality and ideal should be bridged, and the potential conflicts should be resolved, by designing dual or diversified systems with appropriate decentralization and proper openness.