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陪审制度最早在英国形成,之后对英美法系其他国家产生影响,通过吸收普通公民参与到诉讼中的方式,扩大司法民主,一定程度上可以促进司法公正和审判结果的合理。我国当前相关法律对陪审制度进行了一系列规定,但是总体法律规定还不健全,尚未形成体系并且缺乏一定的实用性,在实践中产生了不少问题。本文在总结外国和本国陪审制度的基础上,反思我国陪审制度存在的缺陷,并且提出完善我国陪审制度的建议。
The jury system first formed in England and later affected other countries in Anglo-American legal system. By absorbing ordinary citizens’ participation in litigation, judicial jury can be expanded to a certain extent, which can promote the fairness of judiciary and the result of trial. At present, the relevant laws in our country have carried out a series of provisions on the jury system. However, the general laws and regulations are not perfect yet, the system has not yet been formed and some practicalities have not been established, and many problems have arisen in practice. On the basis of summarizing foreign countries and their jury system, this paper reflects on the defects of jury system in our country and puts forward suggestions on how to perfect jury system in our country.