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普通民众参与刑事审判活动是对职业法官司法权的一种制衡,是实现诉讼民主化的重要保障。基于其共同的价值基础,德、日两国均赋予民众参与刑事审判的权利。鉴于诉讼模式及传统文化等方面的差异,两国在保障民众参与刑事审判的程序设计方面存在一定区别。笔者于文中对其进行了比较、分析,以期益于我国人民陪审制度的改革。
The participation of ordinary people in criminal trials is a check and balance of the judicial power of professional judges and an important guarantee for the democratization of legal proceedings. Based on their common value foundation, both Germany and Japan have given the people the right to participate in criminal trials. Due to differences in litigation models and traditional culture, there are some differences between the two countries in terms of program design for ensuring people’s participation in criminal trials. The author compares and analyzes it in the text, in order to benefit the reform of the people’s jury system in our country.