交叉阅卷是完善合议庭工作机制,促使合议庭对案件事实共同审理共同负责的一项重要制度探索,有助于防止司法擅断,弥补个人能力不足,落实合议庭办案责任制。然而实践中存在对交叉阅卷适用范围缺乏共识,对承办法官职能定位不明确,审判责任承担方式不统一等问题。交叉阅卷应正视司法资源短缺的现状,在确保公正的前提下效率最大化;应明确庭审对查明事实的关键作用,将交叉阅卷作为庭审辅助手段;应重视诉权保障,对有争议证据独立阅卷。具体制度设计上,交叉阅卷的适用范围集中于证据事实存疑以及案情重大的案件;阅卷流程分步展开,通过庭前会议归纳证据并形成争议焦点,合议庭共同草拟庭审提纲,庭后无法即时评议时则独立阅卷。同时,需完善合议庭评议规则,确立连带审判责任承担方式,确保实效。 Cross-examination is an important system to improve the working mechanism of the collegial bench and promote the collegiate bench to jointly hear and deal with the facts of the case. It helps to prevent judicial abuse, make up for the lack of personal capacity and implement the responsibility system for handling cases in collegiate bench. However, there is a lack of consensus on the scope of application of cross-examination in practice, problems such as unclear positioning of the functions of the contractor’s judges and inconsistency in the assumption of the burden of trial. Cross-examination should face the status quo of judicial resources scarcity, maximizing the efficiency under the premise of ensuring justice. It is necessary to clarify the crucial role of trial in ascertaining facts and cross-examinations as an aide to hearing. Emphasis should be placed on the protection of litigation rights and the independent scoring of controversial evidence . Specific system design, the scope of application of cross-examination focus on the evidence factual doubt and the case of a serious case; marking process step by step, through the pre-trial meeting to summarize the evidence and form the focus of controversy, the collegiate bench to draft the outline of the trial, unable to comment immediately after the court The independent scoring. At the same time, it is necessary to improve the collegial bench reviewing rules and establish the joint and several trial responsibilities to ensure the actual results.