摘要本文研究動機源起於思考公平審判之內涵與無罪推定之定義，二者如何透過公民參與刑事審判予以擔保，及彼此間之關聯性問題。當代刑事司法受法系傳承與社會文化價值影響至深，社會精神、物質文明高度進步，與傳統封建高權壓迫不同，公民參與刑事審判應從實質正當法律程序之觀點，整體思考，調整公民參與刑事審判與刑事訴訟制度之配套嵌合，如何具體可行性，使個人生命、身體自由不致因程序不公、程序保護密度不足，而受侵害。本文以公民與政治權利國際公約第25條公民權為公民參與刑事審判制度之法理，調和公民權與司法權之行使，強化司法與公民社會的溝通，闡明公民參與刑事審判深化司法正義，反映公民意識於審判，受社會支持與理解，具司法民主啟蒙社會大眾關注奉獻公共事務的意義。公民參與刑事審判之於我國社會價值不在於歷史基礎，而是表現社會發展的理性思惟。我國公民參與刑事審判之態樣選擇若以公民權之實踐為核心，強調公民參與擔保正當法律程序，公平審判之社會價值，以舉證責任、經驗法則、論理法則之判斷為核心，強化證據能力有無及證據判斷之證明活動應受公民監督、保護人民免受公權力不當迫害、反映國民文化意識活動三大理念，確立公民參與刑事審判制度之立法精神，擔保當代刑事司法裁判證明力之判斷信用性，立法二元發展，比較檢討輕罪與重罪之適用效果，以實踐說明公民參與刑事審判存續意義，公民參與刑事審判表現真實與社群知識溝通，考慮證明力說理乃是證據評價的目的，有效的參審庭組成與表決原則，建立超越合理懷疑的定罪標準，以合理的公民參與比例與法官互為擔保，支持無罪推定，並規範合理的審判庭參與成員說明參與審判之實益，呼應上訴審論理與法制結構發展，定位公民參與審判之目的功能，使整體審判活動更為經濟、妥速，復增益審判信度與效度，實係累積國家社會不可或缺之司法利益。 AbstractMy motivation of conducting this study resulted from ceaseless pondering on what are fair trial criteria and the meaning of the presumption of innocence; how does citizen participation in criminal trial ensure the effect of fair trial and presumption of innocence in practice are associated between the issues. The modern criminal justice system has been formed by social culture and tradition of variant legal models. With civilization of social development, the meaning of incorporation lay voice into criminal justice systems would be differ from the oppression from feudal society. The arguments in favour of and against citizen participation in criminal trial must have attached considerable value on the perspective of due process and fair trial to introduce citizen participation to our legal system. To proceed with any proposal for introducing citizen participation in criminal trial in the system, we shall also to examine fact-finding practices in criminal proceedings to adjust criminal procedure law being feasible. All the factors must be duly considered, because life and liberty of any individual required extremely strict protection within criminal justice which can not be violated. Civil Right in article 25 under ICCPR provided the legal status for equal participation to public affairs. Citizen participation in criminal trial guarantees the both of civil right and legal right are effective reflecting the communication between adjudication and society which are valued most for citizen to understand criminal justice. It also enlightened democratic legitimacy of the legal system promoting public participation for civil society. Our social value of lay adjudication demands of rational inquiry with social development but far away from legal culture. To consider the model of citizen participation in criminal trial, it is to be noted that civil right and obligation of citizen should be integrated by certain practices enhancing judge and citizen should work cooperatively to secure due process and fair trial. Capacity of citizen is compatible of burden of proof; rule of logic and with experience that they are careful consideration of all the relevant evidence to make judgment with judge cooperatively. Enhancing evidential rule and rule of proof shall be ascertained justly determined by citizen that protecting the citizen from public power abuse and reflecting the culture conscious of citizen to secure the spirit of citizen participation in criminal trial. Citizen participation is construed to guarantee a reliable legal judgment based on precise standard of proof required. On the other hand, the extent of criminal trial open up for citizen participation should also consider to be divided into serious felonies and misdemeanor that explained the effects of design because the practice demonstrated the sustainable value of citizen participation in criminal justice system. Citizen participation in criminal justice is based upon a relativistic and communitarian theory of knowledge. Consider the object of proof with logic and reasons is the heart of evidence evaluation. The presumption of innocence is associated with rule of evidence that doctrine required reasonable form of tribunal and rule of vote determination of whether the beyond reasonable doubt is reasonable accepted. In the choice, the configuration rationales and vote rule examine the principle of the presumption of innocence leading to a determination of guilt should be carefully to design. The absolute barrier to a second prosecution following acquittal is based on the strong value of judge collaborating with citizen to deliver the judgment through communication. The goal of citizen participation in criminal trial is important to achieve efficiency and validity for vital judicial interest in legal proceeding.
