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让不具法律专业的一般民众参与刑事审判程序,是现代法治社会的共同趋势,依人民参与程度而有不同的表现方式,有陪审制、参审制等。我国台湾地区在参酌世界各国和地区法制演进趋势的背景之下,在既有的法制基础上,研议有关民众参与刑事审判的相关法制,提出了“人民观审制度”。人民观审制度可能达到的成效有三:一是提高司法的透明度,提升人民对司法的信赖。二是审判庭多元的组成,使判决结果能贴近民意。三是发挥法治教育功能,增进人民对司法的了解。笔者在介绍这一制度的基础上,结合台湾地区的社情,对该制度进行评释。受版面所限,全文分两部分刊出,第一部分就立法构想与立法目的进行释解;第二部分就观审组织、观审员的权利义务、观审的案件及其审判程序等进行评释,并就整体规范加以综合评价,提出相关建议,以供学界和实务界参考。
Involving the general public without a legal profession in the criminal trial procedure is a common trend in modern law-based society. Different forms of expression are based on the degree of people's participation, including jury system and trial system. In the context of taking into account the evolution of the legal system in various countries and regions in the world, Taiwan Province in our country studies the relevant legal system concerning people's participation in criminal trials on the basis of the existing legal system and puts forward the “system of people's examination of the people.” The people's observance system may achieve three effects: First, to improve the transparency of the judiciary and enhance the people's trust in the judiciary. Second, the composition of the trial court is diverse, so that the verdict can be close to public opinions. Third, give play to the educational functions of rule of law and enhance people's understanding of the judiciary. On the basis of introducing this system, combining with the social conditions in Taiwan, the author comments on this system. Due to the limitations of the layout, the full text is published in two parts. The first part is about the legislative concept and the purpose of legislation. The second part is to review the rights and obligations of the review organization and the reviewer, the cases of the review and the trial procedures Release and make a comprehensive assessment of the overall norms and put forward relevant suggestions for the reference of the academic and practical sectors.