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中国古代不存在现代意义上的陪审制度,陪审的立法实践始于清末,但陪审的制度实践始于辛亥革命以后。中华人民共和国之前的陪审模式在陪审团制和参审制之间摇摆,之后选择了人民陪审员制度。人民陪审员制度建立之初发挥了积极作用,随着司法职业化的发展,人民陪审员制度在多方面已经不适应我国社会的发展。
In ancient China, there was no jury system in the modern sense. The legislative practice of jury began in the late Qing Dynasty. However, the system practice of jury began after the Revolution of 1911. The pattern of jury before the People’s Republic of China swung between the jury system and the trial system, after which the people’s jury system was chosen. The establishment of the system of people’s jurors has played an active role. With the development of judicial professionalism, the system of people’s jurors has not adapted to the development of our society in many aspects.