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文章分别阐述了美国陪审合议庭和德国混合合议庭的四个主要特点以及评价,对两国的职业合议庭制度也进行了一定的分析。对我国合议庭制度改革的启示主要在于,我国的混合合议庭制度应避免内在的矛盾,吸收陪审合议庭制度中的陪审团只决定事实问题和独立裁决等有效的因素;我国职业合议庭制度应大力提高法官的任职资格以及加强职权,确保其依法、民主、独立审判。
The article elaborates the four main features and evaluations of the American jury panel and the German mixed collegial panel, respectively, and analyzes the system of professional collegiate bench in both countries. The enlightenment to the reform of China’s collegiate bench system mainly lies in the fact that our country’s mixed collegiate bench system should avoid the inherent contradictions and absorb the jury members in the system of jury trial, which only decided the effective issues such as the factual issues and the independent ruling. The system of the collegial bench should be greatly improved Qualifications and strengthen their positions to ensure that they are legally, democratically and independently tried.