On The Publicity Of The Minority Opinions In The Collegiate Bench

The court public the minority opinions in judicial judgment, which is not only the convergence point of judgment reform and collegiate bench reform, but also a new thing in the trial practice in our country. In 2001, the Guangzhou Maritime Court public the minority opinions first. Then the Shanghai Second Intermediate People's Court, the Beijing First Intermediate People's Court, the Xuanwu District People's Court of Nanjing and other places have also been to explore. However, in China, the publicity of the minority opinions there are still many questions. Legislation on the publicity of the minority opinions is no clearly defined; theoretical understanding of minority the opinions are not consistent; the operation standard of the publicity of the minority opinions is not uniform in practice. This paper made use of classing, comparing and text analysis methods to research related issues about the publicity of the minority opinions in the collegiate bench. Expecting to clarify the theoretical controversy over the publicity of the minority opinions, supplement the operation standard of the publicity of the minority opinions in practice and improve Civil Procedure Law in China.The body of this article including about 30000 words, which is divided into five parts:Part One: Overview the minority opinions in the collegiate bench. This part is the basis of the whole article, introduce the concept, types and the nature of the minority opinions in the collegiate bench. Then introduce the minority opinions to be compared with the majority opinion, and the minority opinions may be converted to the majority opinion.Part Two: Current situation and problems of the publicity of the minority opinions in the collegiate bench. From the system level and practical level to analyze the current situation of the publicity of the minority opinions, mainly make use of classing method to summarize four types of the publicity of the minority opinions in the collegiate bench. Then, reveal some questions, such as legislation on the publicity of the minority opinions is no clearly defined; theoretical understanding of the minority opinions are not consistent; the operation standard of the publicity of minority opinions is not uniform in practice.Part Three: The value of the publicity of the minority opinions in the collegiate bench. Firstly, from strengthen the sense of unity and responsibility of judges and other aspects to discuss the reasons in favor of publicity of the minority opinions. Secondly, refute the arguments which against the publicity of the minority opinions. Thirdly, discuss the legal basis of the publicity of the minority opinions, in order to clarify the theoretical controversies over the publicity of the minority opinions.Part Four: Overseas investigation on the publicity of minority opinions in the collegiate bench. Mainly introduce the US system of the dissenting opinions, the German system of the minority opinions, the Japan system of the different opinions and the concerning system of Taiwan. On the basis of evaluating and comparing the extraterritorial system. Put forward that our country can make prudent and conservative attitude to public the minority opinions in the collegiate bench.Part Five: Construct the system of the publicity of the minority opinions in China. Analyze the limiting factors of the publicity of the minority opinions. Then, from the applicable scope of the case, the use of the court, disclosure of the range and other aspects, to make recommendations for constructing the system of the publicity of the minority opinions in China.