我國刑事審判，向來係由職業法官全權決定，而欠缺人民參與審判之制度。司法院亦體認有引進人民參與審判制度之必要，乃自1988 年間起開始研議有關人民參與刑事審判之相關法制，擬在既有之法制基礎上，研議人民參與刑事審判之制度，並於2010 年間積極推動「人民觀審制度」，且於2012 年間擬具「人民觀審試行條例」草案，經行政院完成會銜，已在立法院審議中，期能透過「人民觀審制」之試行，提昇人民對於司法之信賴。惟若於我國欲引進人民參與審判制度，如陪審制或參審制等制度是否符合我國憲法之規定？又司法院所欲試行之「人民觀審制」，草案規定是否妥適？是否能達成人民參與審判之目的，而增進人民對於司法之瞭解及信賴？本文認為似均有加以探討之必要。

The criminal adjudication in this country has so far been put solely at the hands of professional judges without the people taking a role in it. The Justice Yuan has felt the need to introduce the people to the adjudication, and has then since 1988 started to deliberate the possible ways to enable the people to participate in the adjudication, and also, on the basis of the current legal system, consider relevant adaptations. In 2010, it further attempted to promote the lay judge system in Taiwan, and accomplished in 2012 the draft of “the provisional regulations for the lay judge of the people,” is now on the agenda of the Legislation Yuan for review. It is hoped that the people’s trust with the Justice will be promoted by this provisional regulations. Before, however, all such foreign institutions as jury and lay assessor system are adopted, issues ensue: do they comply with the Constitution? And is this draft of the provisional legislations suitable for the purpose for which the people are to be brought to participate in the adjudication? And, can the drafted regulations really improve the people’s understanding of, and trust with, the Justice? This essay suggests that they all need to be put under scrutiny.