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合议庭评议作为集体决策机制在促进司法决策程序化、司法民主化方面具有独特的优势,但由于合议制度自身的简陋、现实条件的缺失,导致合议庭评议合而不议,议而不决等异化现象频现,引发了理论界和实务界的双重关注。从基层人民法院合议庭评议功能入手,寻找影响合议庭评议功能发挥的实证症结,分析实践中评议功能日渐式微乃至缺失的原因,探讨合议庭评议功能加强和完善较为微观之路径。
As a collective decision-making mechanism, collegiate bench review has its own unique advantages in promoting judicial decision-making and democratization of judiciary. However, due to its simple humbleness and lack of realistic conditions, collegial bench review led to dissatisfaction of the collegial bench, Nowadays, the double attention of theorists and practitioners has been aroused. This paper starts from the reviewing function of the collegial bench of the people’s court at the grassroots level to find the factors that affect the evaluation function of the collegiate bench and analyzes the reasons why the reviewing function is increasingly small or even missing in practice and discusses the ways in which the reviewing function of the collegial bench is strengthened and perfected.