一、设置合议庭的内在机理及其功能 (一)追求裁判事实基础客观化 司法审判的公正性无疑应当以裁判基础的真实性为基本前提,裁判基础(对事实的认定)的真实程度越高,裁判的公正性也就越高。尽可能地克服法官在认定事实中的“意志性”和“创造性”,最大限度的接近案件的客观真实,使法院裁判客观化,是设置合议庭制度的内在根据之一。因为在合议庭共同认定事实的情况下,每一个法官在认定案件事实的逻辑思维过程中,既包括有客观的、合理的成分,同时也必然含有法官的“意志性”和“创造性”。在许多情况下,法官对案件事实的认识中所包含的主观 First, the establishment of the collegiate bench of the internal mechanism and function (A) the pursuit of the factual basis of the objectivity The fairness of the judicial trial should undoubtedly be based on the authenticity of the basis of the referee as the basic premise, the higher the true degree of the referee basis (to determine the facts) The higher the fairness of the referee. As far as possible to overcome the judges in the fact that the “will” and “creativity”, the maximum close to the objective reality of the case, the objectivity of court decisions is one of the inherent basis for the establishment of the collegial bench system. Because of the common finding of facts by the collegial panel, each judge not only includes objective and reasonable elements in determining the logical thinking of the facts of the case, but also necessarily contains the “will” and “creativity” of the judge. In many cases, the subjective opinion contained in the judge’s cognition of the facts of the case