通过对某基层法院诉讼副卷的抽样统计和文本分析发现,当前合议制虚化的倾向已愈演愈烈,衍生出判决前简单口头合议甚至不合议,订卷时再利用判决书文档剪辑编撰成虚构的合议笔录之“判而后录”现象。在诉讼副卷保密制度的屏蔽下,这已成为当前基层司法普遍存在而又习以为常的一种危险做法。结合访谈所得,本文描述了“判而后录”背后实际运作着的、真正决定案件裁判的“非正式合议”流程。这种合议庭合议与院庭长“把关”交相杂糅的非正式合议流程,侵削了合议庭成员应有的责任意识和独立精神,放大了合议庭成员在群体决策机制中的消极懈怠心理,并在相当普遍的层面上抑制了“少数意见”及其应当起到的对司法公正的正向作用。本文提出,应实行合议笔录公开制度,以此重构合议庭评议之运行环境及利益格局,从而为实化合议制运作提供更加坚实且可靠的内生动力。 Through the sampling statistics and text analysis of the deputy court proceedings of a certain grassroots court, it is found that the tendency of the current collegial system has become more and more violent. A simple verbal agreement before the verdict is not even taken as a disagreement. Transcript “sentence and then record ” phenomenon. Under the shield of the lawsuit voluntarily, this has become a perilous practice that is commonplace at the grassroots level. Combined with the interviews, this article describes the “informal collegial process” that really determines the judgment of the case, which actually operates behind the “sentence and record”. This informal collegiality process of collegial panel counsel and court president “gatekeeper ” has invaded the sense of responsibility and independence that members of the collegial panel should have, magnified the negative slack mentality of collegial panelists in the group decision-making mechanism, At a fairly general level, suppressed “minority opinions” and the positive role it should play in judicial justice. This paper proposes that a system of public announcement of collegiate records should be implemented in order to reconstruct the operating environment and the pattern of interests of the collegiate bench review, so as to provide a more solid and reliable endogenous motivation for the implementation of the system of collegial arbitration.