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学者们对我国目前陪审制度的存废有着一定的争议。本文认为争议无法解决的症结在于学者们通常都以我国人民陪审员制度的弊端来论述陪审制度的弊端,而主张废除陪审制度。文中认为,要解决我国目前陪审制度的困境,就要认识到我国人民陪审员制度的弊端是因为陪审制度在从英美法系国家引进中被改造成了参审制度才使得其功能发挥不良。本文在反驳各种认为陪审团制度不适合我国国情的观点的同时,主张彻底改变现有的人民陪审员制度,在我国建立英美法系式的陪审团制度,这才是我国陪审制度的真正出路。
Scholars have some controversy about the existing jury system in our country. This paper argues that the crux of the dispute that can not be solved is that academics usually discuss the disadvantages of the jury system with the defects of the people’s jury system in our country and advocate the abolition of the jury system. The article thinks that in order to solve the dilemma of the current jury system in our country, we must realize that the drawbacks of the people’s jury system in our country are that the jury system was transformed into a senate system when it was introduced from Anglo-American legal system. While refuting various opinions that the jury system is not suitable for China’s national conditions, this article advocates the complete change of the existing system of people’s assessors and the establishment of a jury system in Anglo-American law in our country. This is the true way out of jury system in our country .