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少数意见的产生是合议庭论辩特质的逻辑结果。在我国,合议庭少数意见公开具有作为法官自我表演的媒介、培养法官职业尊荣感、提升司法裁判的准确性、促进司法公正和司法权威的提升等诸多制度利益,而当前的司法改革也为少数意见公开提供了必要的环境支持。因此,在推动裁判文书实质公开的过程中,应推行合议庭少数意见的公开,但为保障法官自由独立地发表评议意见,不宜通过公开合议庭评议笔录的方式公开少数意见。
The minority opinion is the logical result of the collegiate argument. In our country, the minority opinions of the collegial panel openly have many institutional benefits as a judge’s self-expression media, fostering the professional sense of honor of the judges, enhancing the accuracy of the judicial decisions, and promoting the improvement of judicial fairness and judicial authority. However, the current judicial reform is also a minority Publicity provided the necessary environmental support. Therefore, in promoting substantive disclosure of arbitration instruments, the minority opinions of the collegial bench should be made public. However, in order to guarantee judges’ freedom and independence to express their opinions, it is not appropriate to disclose a few opinions in a way that allows the collegiate bench to deliberate and transcribe the transcripts.