Research On Minority Opinions Of The Collegial Panel

When members of the collegial panel review unavoidably form different opinions,according to the rules of the existing appraisal,according to the principle of the minority is subordinate to the majority,the conclusion of judicial documents according to the opinion of the majority finalized,minority opinion is through recorded in the records of the deliberations shall be on file.Because our country present appraisal mechanism is relatively simple,for the evaluation of a collegial panel rules scattered in various legal documents and regulations also comparison principle,operability is not strong,lead to the collegial panel review efficiency is not high,also affects the case quality.In judicial practice,to undertake the judge in the case of collegial panel deliberations become a minority opinion,however,as a minority opinion to judge according to the opinion of the majority is needed to make judicial documents.As a case to the judge,though minority opinions about failed to case,but when the case was regarded as wrong,but need to take responsibility of the corresponding misjudged cases.And through the trial of a case,the writer tries to analyze the present condition of the collegial panel review a few comments,and analyzes its causes,with comparative analysis,empirical analysis method to outside some of the collegial panel,for perfecting evaluation system of the collegial panel for the minority opinion of equity put forward the superficial view.In addition,this paper intend to the introduction and conclusion,is divided into four chapters:The first chapter: Basic theory of collegiate bench appraisal mechanism.This chapter mainly elaborates the basic theory of the collegiate system and the mechanism of the collegiate bench.The second chapter: the current situation of the collegial panel minority opinion s.This chapter mainly of weakening the value for the opinions of the minority,the promoter minority opinion burden,minority opinion and error correction to boot,collegial panel review introduces the present situation of the minority opinion.And then mainly analyzes the cause of the minority opinion,from two aspects of subjective and objective,points out that the judge the formation of the minority views of "the knowledge spectrum" differences between defects,review mechanism and r e s p o n s i b i l i t y u n d e r t a k e r e x p a n s i o n a n d s o o n t w o b i g r e a s o n s.The third chapter: comparison method under the dimension of the collegial panel review system.This chapter is mainly related to outside collegial panel system,and through the way of comparative analysis,the author analyses the corresponding system and put forward the feasibility of reference.The fourth chapter: system advocated by a panel of minority opinions.This chapter according to the current situation of the collegial panel minority opinions in our country,combining with the relevant countries outside of appraisal system,equity of collegial panel for the minority opinions put forward constructive Suggestions.