The Research Of Collegiate Panel Minority Opinion

Collegial panel minority opinion is one of the few in collegial panel review, each judge is on trial published their own views and opinions, and court the case the referee conclusion form the prerequisite requirements. The collegial panel deliberations, whether there is a minority opinion, directly related to the judgment of justice rationality, which affect the whole litigation purpose, only in thoroughly implemented by barriers, can with good to maintain the authority of law. Although the minority views of a collegial panel is just a small part of the collegial panel review process, but it is related to build a reasonable, scientific, fair and democratic system of collegial panel deliberations. However, due to the backward system construction in our country, and in the event where there is a lot of illegal operation, such as a variety of factors, lead to announce the opinions of a collegial panel system in our country is still in the initial pilot phase, this not only caused many problems, serious even slow down the process of judicial reform in our country, slow down the pace of the construction of the socialist rule of law society in our country. In view of this, based on our country related on the basis of analysis of the status quo of the collegial panel deliberations, combined with foreign and interregional research on minority views, to explore the possibility of a collegial panel published a few opinions in our country.Full text consists of introduction, text and epilogue, references four parts, including body in this paper, the collegial panel minority opinion. This text mainly is divided into three parts:The first part is an overview of the collegial panel deliberations, the collegial panel review mechanism is mainly composed of three elements, namely:the evaluation subject, evaluation content, evaluation rules, in light of the three elements of the analysis of the problems:the collegial panel deliberations in the clear after the appraisal main body rights and obligations of the collegial panel, to strengthen the construction of the function of the collegial panel and let the collegial panel interventionalists better and more correct exercise of the rights of the collegial panel, under the condition of the object has been clear about the collegial panel deliberations, abide by the collegial panel review democratic appraisal, secret review, review, the minority is subordinate to the majority of the four rules, make a fair and just, and convincing. Help the construction of the rule of law society in our country, more can improve collegial panel minority views in "majority rule" awkward position.The second part in the first part, on the basis of a collegial panel review cracks leads to situation of collegial panel minority opinion in the judicial reform in our country. In a few opinions about the collegial panel, on the basis of defining clearly the meaning of the collegial panel minority views, then analysis the present situation of the collegial panel in our country minority opinion, clear that the main cause of collegial panel in China a few opinions:(1) the rules of humble (2) the configuration of the collegial panel QuanZeLi unreasonable (3) the judge's own accomplishment, (4) different social historical influence. To understand the collegial panel in China, under the premise of the minority opinion, long-term some sights, analysis of some typical countries of the collegial panel on international a few opinions, complement each other. In the world's two big law system, analyzes the collegial panel minority views exist and development of the theory value and practice value, make the minority views of collegial panel also can become a verdict reason, until the collegial panel minority views of implementation system throughout the country.The third part on the basis of the former two parts, put forward how to perfect our country the opinions of a collegial panel some preliminary ideas:(1) the case scope limited principle, to apply for the public, no application is not open, it including case scope, the main body of the limited. (2) the reasonable minority opinion expression of the collegial panel. (3) the reform of judicial documents, to determine a few ideas recorded in the table. Also some idea for the form a complete set of perfect corresponding supporting measures, ensure that members of the collegial panel to master cases decision information; Reform of the judicial documents of a collegial panel, actively try to open a minority opinion in written judgment; To continue with the judge professionalization.