论司法权的民主特性与现代趋势——以刑事诉讼为展开

有证据表明司法权的民主特性是人类早期社会的普遍规律。2005年《关于完善人民陪审员制度的决定》实施以来,司法权的民主特性获得了进一步凸显,但实际上除人民陪审员和人民监督员制度之外,司法权的民主特性并没有及于更大的视野。以刑事诉讼为例,无论是当事人主体地位与诉讼权利、律师辩护、刑事和解,还是社会公众参与司法和媒体监督司法,都应当是司法权民主特性的体现。将司法权民主特性做广义的理解,是对司法权现状和未来发展趋势的基本把握,有助于强化刑事诉讼中的人权保障和实现程序正义。

On the Democracy Characteristics and Modern Trend of Judicial Power

The Judicial democracy characteristics were not only in Athens, but also in ancient Greece and Rome, which could be proved that these are the universal law of early human society. Since the implementation of On the Decision of Improving People＇ s Assessor System in 2005, the Judicial democracy characteristics were further demonstrated. However,it was not yet budging but still limited between people＇ s jurors system and peo- ple＇s supervisors system. Such as the criminal prosecution, both the role of subjects of parties and litigation rights, lawyers participation, criminal reconciliation, the public participation in judicial and media supervision of the judicial should be embodied in judicial democracy characteristics. The judicial democracy characteristics were generalized understanding,which could help to comprehend and grasp current situation and development trend of procedural justice, and strengthen the protection of human rights in criminal procedure, and promote to realize procedural justice.