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现代意义上的陪审制度起源于英国,并在美国得到充分的发展。十年动乱期间,我国司法制度遭到严重破坏,陪审制度也未能幸免。改革开放后,虽然恢复了陪审制度,但在各项司法制度改革取得巨大成就的同时,陪审制度却没能跟上时代的步伐。在现实司法实践中,我国人民陪审员制度的缺陷逐渐显现,本文旨在通过对人民陪审员制与陪审团制的比较,探讨在我国确立陪审团制的必要性。
The jury system in the modern sense originated in the United Kingdom and has been fully developed in the United States. During the ten years of turmoil, the judicial system in our country was severely damaged and the jury system was not spared. After the reform and opening up, although the jury system was resumed, great progress was made in the reform of the judicial system. At the same time, the jury system failed to keep up with the pace of the times. In the reality of judicial practice, the defects of the system of people’s jurors in our country gradually appear. This paper aims to discuss the necessity of establishing jury system in our country by comparing the system of people’s jury and jury.