论文部分内容阅读
陪审制度作为民主制度在司法中的体现,在世界各国立法中有两种体例。一是陪审合一的形式,即陪审员与在职审判人员组成一个合议庭,二者具有同等的诉讼权利和义务。此种形式多见于东欧社会主义国家的诉讼立法。我国也是如此。二是陪审分立的形式,即陪审集体作为一个独立的诉讼单位——陪审团与现职审判人员分担起诉和裁判的职能。此种形式见于英
Jury system, as a manifestation of democracy in the judiciary, has two kinds of laws in the legislation of all countries in the world. First, the form of jury unification, that jury members and in-service trial staff to form a collegial panel, both have the same procedural rights and obligations. This form is more common in the litigation legislation of the socialist countries in Eastern Europe. The same is true in our country. The second is the form of jury separation, that is, the jury as an independent litigation unit - the jury shares the functions of prosecution and adjudication with the current trial staff. This form found in Britain