国民参与审判活动是民众对法官行使司法权的一种制衡,是实现司法民主化的重要保障。日本此次通过的《关于裁判员参加刑事审判法》亦是为了确保参与审判的国民真正享有作为审判人员的应有权利,实现民众对职业法官权力行使的制约。笔者于文中对日本裁判员的权利、选任程序及审理案件的范围进行了分析,以期益于我国人民陪审制度之改革。 National participation in trial activities is a check and balance on the exercise of judicial power by the public and an important guarantee for the democratization of the judiciary. The “Law on Judges’ Participation in Criminal Justice” adopted by Japan also aims at ensuring that the citizens participating in the trial truly enjoy the due right as judicial personnel and that the general public’s restriction on the exercise of the powers of professional judges is achieved. The author analyzes the rights of the Japanese referees, the procedure of election and the scope of hearing the case in order to benefit the reform of the people’s jury system in our country.