论集中审理原则与合议庭功能的强化——兼评《关于人民法院合议庭工作的若干规定》

集中审理原则是现代审判程序的一项基本原则。其内容主要包括 :一个案件组成一个审判庭进行审理 ;法庭成员不可更换 ;集中证据调查与法庭辩论 ;庭审不中断并迅速作出裁判。我国立法尚未规定集中审理原则 ,为了强化合议庭的功能 ,我国急需确立集中审理原则。最高人民法院《关于人民法院合议庭工作的若干规定》体现了该原则的精神。应进一步建立法官、人民陪审员更换与庭审更新制度 ,实现证据调查与法庭辩论的集中化 ,并应实行审判合一以及提高当庭宣判率。

The principle of concentrating trial is a basic principle in contemporary trial procedure whose contents mainly include: one trial panel trial one case, members of court couldn't be changed leisurely, evidence investigation and debate in the court should be concentrated, trial couldn't be suspended and decision should be made soon. Our law hasn't stipulated the principle of concentrating trial and in practice there are some violating this principle. In order to strengthen functions of collegial panel, our country should set up the principle of concentrating trial. Several Regulations on Jobs of Collegial Panel of People's Court enacted by the Highest People's Court reflects the spirit of the principle hereupon. It is necessary to establish the system of change of judge and jury and the trial renewed system to realize the concentration of evidence investigation and debate in the trial, meanwhile, to integrate the trial and the judgment and to increase the rate of judgment pronounced in the court.