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刑事诉讼中的裁判者应承担中立、超脱、独立的角色期望。在因公共利益受到侵害而引起的社会冲突中,国家或者代表国家的机关作为公共利益的代表人,本身已被卷入到冲突之中,从而无法实现裁判者的角色期望。陪审团成员是随机抽取的不特定的社会普通成员,不代表任何政权、党派、机关、集团的利益,最有可能实现裁判者的角色期望。法官不应以国家代表的身份来扮演裁判者,而应当作为具有独立人格的人,根据自己的良知和理性来作出裁判,如此才能实现裁判者的角色期望。
The judges in criminal proceedings should assume the neutral, detached and independent role expectations. In the social conflict caused by the infringement of the public interests, the state or the representative organ of the state as a representative of the public interest has itself been involved in the conflict, so that the role expectations of the referee can not be realized. The members of the jury are randomly selected non-specific ordinary members of the society and do not represent the interests of any political power, party, organ or group, and are most likely to fulfill the role of the referee. Judges should not act as judges in the capacity of state representatives, but should judge them as independent people according to their own conscience and reason, so as to fulfill their role expectation.