合议制在实施过程中出现了合而不议、形合实独的问题及陪而不审的问题,这其中既有中华传统文化和群体生存规律的原因,又有我国现实司法现状的原因,根本原因在于横向合议的制度设计并不符合我国的国情。现实中已经存在且发挥作用的纵向合议机制并非完全一无是处,应将其放在法治层面上加以完善,降低行政化的副作用,使之更好地发挥积极作用。 In the process of implementation, the collegial system appeared to merge, not to discuss, to confront the issue of unification and independence, which included the reasons for the traditional Chinese culture and the law of community survival as well as the reasons for the reality of judicial reality in our country. The fundamental reason is that the system design of horizontal collegiality does not accord with the national conditions of our country. In reality, the already existing and functioning longitudinal collegial mechanisms are not completely useless. We should improve them on the rule of law and reduce the administrative side-effects so that they can play a more positive role.