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合意制度是我国民事诉讼法中所规定的基本制度,其对案件的公正审判有着积极作用,但这一制度在基层法院实行中“形合实独”问题突出,亟待完善。本文从基层法院合议制度案件来源及适用入手,分析合议庭运行机制的价值以及当前基层法院合议制度存在的问题,由此指出应规范案件适用合议制度的准入条件、明确合议庭职责分工、实行合议庭负责制等措施,以完善基层法院合议制度的实行。
The consensus system is the basic system stipulated in the Civil Procedure Law of our country. It has a positive effect on the fair trial of cases. However, this system is outstanding in the implementation of the “grassroots courts and courts” in grassroots courts and is in urgent need of improvement. This article starts with the origin and application of the case-based collegiate system in grass-roots court, analyzes the value of the collegiate bench operation mechanism and the existing problems of the collegial system of the grass-roots court. It points out that the conditions for admitting the collegial system should be standardized, System and other measures to improve the implementation of grass-roots court system.