摘要： 实证研究发现，我国人民陪审制度中，“陪审专业户”、“陪而不审、审而不议”等问题未有实质性改观。这既有法律规定与现实不具契合性、司法实践过分基于工作便利性考虑，也有陪审员法律知识欠缺、庭审与合议错位等原因。中国应重新审视这一制度的功能定位，回归其应有的价值功能，在坚持司法民主的基础上加以重构。

关键词: 人民陪审, 司法制度, 民事诉讼

Abstract: After empirical research，relevant provisions of the jury system in a certain level has got implemented and the system construction has made big achievement.However，some fundamental issues about the jury system have not been perfected，such as small grassroots，“jury households”and“jury without trial，without meeting together.”This is not only because the laws do not fit with the reality of the jury，but also the jurors are lack of legal knowledge，trial and collegiate dislocation.Moreover，for so many years these problems have not been solved is because society placed too many expectations on the jury system.The development of the jury system has deviated from its original purpose.China should re-examine the functional orientation of this system，and return to its proper value function.Through upholding justice and democratic orientation，the current Chinese jury system should be redesigned.

Key words: People’s Assessor System, Judicial system, Civil Litigatisn