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在法官员额压力传导下,审委会改革与舍议庭改革面临旧有矛盾进一步加深的窘境:审委会委员可能被挤出法官员额,合议庭更加难于组建大合议庭审理重大疑难案件。员额制背景下应厘清审委会三大职能,构建审委会委员平等参与舍议庭审理案件的新机制,消除审委会原有运行机制关于非亲历性、信息衰减性和隐名审判等缺陷,发挥合议庭成员智力互补和监督制衡优势,实现审委会和合议庭的功能互补。
Under the pressure of judges’ posts, the reform of the reform panel and the reform of the courtroom are facing the dilemma of the old contradictions: the members of the committee may be squeezed out of the posts of the judges and the collegial panel will find it more and more difficult to form a large collegial panel to hear major and difficult cases. Under the background of the staffing system, the three major functions of the CRIC should be clarified, a new mechanism for equal participation of members of the CRIC in the hearing of cases by the trial committees should be established, and the original operation mechanism of the CRIC should be eliminated regarding non-consensuses, information decaying and hidden trials Defects, make full use of collegial panel members complement each other and the advantages of supervision and checks and balances, to achieve the functions of the CRIC and the collegiate bench complement each other.