尽管最高人民法院出台审判长选任制的初衷是积极的 ,但却存在诸多缺陷。首先 ,其选任程序同合议庭的特点及我国现行法律的规定之间有矛盾 ;其次 ,选任出的审判长是临时的还是固定的、是一种职务还是一种资格、权力是大于还是等于合议庭其他成员等并不明确。最后 ,推行审判长选任制的理由并不充分。 Although the Supreme People’s Court introduced the original intention of presiding over the election system is positive, but there are many shortcomings. First of all, there is a contradiction between the selection procedure and the characteristics of the collegial panel and the provisions of the existing law in our country. Secondly, whether the presiding judge to be elected is provisional or fixed, whether it is a post or a qualification, whether the power is greater than or equal to that of the collegial panel Members are not clear. Finally, the reasons for the presiding election of the presiding judge are not sufficient.