The Research On The System Of Criminal Trial Collegiate

The collegial system of criminal trial refers to a system in which the judicial organs form a multi persons trial organization to hear criminal cases and discuss the issues of fact determination,conviction and sentencing,as well as the system of group adjudication in accordance with legal procedures.With the introduction of new reform documents such as judicial responsibility system and judicial supervision system,criminal collegiate system has once again become an important part of judicial reform.However,this reform is still confronted with such bottlenecks as the dissolution of collegial procedure under the "form integration and reality independence",the transfer of judicial power of collegial panel under the "separation of trial and judgment" and the "adjudication without trial" under the decision system of the trial committee.Economic analysis and value analysis are important methods to study the collegial system of criminal trial in China.The commonness of the collegial system of criminal trial in developed countries not only realizes the best allocation of judicial resources and maximum saving,but also correctly deals with the relationship between the simplification of trial procedure and the realization of judicial justice,also reflects their accurate grasp to the relationship between judicial efficiency and judicial independence and equal participation in collegial system.The defects of the criminal collegiate system in China makes the functions of the criminal collegiate bench and the judicial committee unable to be brought into full play.The current system design not only wastes the trial resources,but also increases the operating cost of collegiate system.It is urgent and necessary to reduce the scope of application of criminal collegiate system.Welfare economics enlightens us that the application of collegial system in criminal trial should adhere to the principle of respecting the defendant's willingness to choose collegial system.In addition,it is necessary to adhere to the principle that only difficult,complex and major cases could be applied,and the frequency of application of collegiate bench should be increased step by step from low to high.Game theory enlightens us that the group members of the criminal collegiate bench should be able to participate in the game substantively,and their roles should be balanced.Therefore,the criminal collegiate bench should adhere to the principle of equal division of labor and equal assessment and substantive participation in the collegiate panel.In terms of division of labor,the system that the president and the chief judge should act as the chief judge should be abolished;The selection of the chief judge should be determined according to the principle of equal division of labor;The judge in charge should be the "trustee" and "agent",who is responsible for the various judicial affairs of the collegial panel,and exercise jurisdiction according to the collective resolution of the collegial panel,rather than the "trustee" and "agent" of most substantive judicial affairs.When assessing judges,we should not only establish the principle of equal assessment of the undertaking judges and non undertaking judges,but also endow them with the same assessment weight in the main work of the collegiate bench.From the perspective of economics,the relationship between the review committee and the collegiate bench is also a cost balancing mechanism;The design of the relationship between the judicial committee and the collegial panel,which is conducive to the realization of the independent adjudication of the collegial panel,is the lowest judicial cost.The design of this relationship should aim at the realization of the independent trial of the collegial panel and reduce the cost.To correct the dislocation of the relationship between the judicial committee and the collegiate bench,we must focus on reforming the trial function of the judicial committee and the criminal collegiate bench.In the future,the function of the judicial committee to discuss and decide on the application of law to major,difficult and complex cases should be transformed into the direct trial of major,difficult and complex cases,at the same time,it should also set up the function of providing advisory opinions and macro guidance to the collegial panel and the independent tribunal,but not the "superior" of the criminal collegial panel.The judicial committee and the collegiate bench should coexist and cooperate for a long time,and work together to realize judicial justice and efficiency.The simplification of the functions of the collegial panel should focus on the cancellation of its obligation to submit major,difficult and complex cases to the president of the court for discussion.The boundary between the exercise of judicial supervision power and the operation of judicial power lies in their different nature,status and function.The biggest boundary between the two is:The power of trial supervision could only have a certain impact on the efficiency,process and personnel allocation of the cases tried by the collegial panel,but not affect directly the independence of the judge in exercising the judicial adjudication power;Judicial supervision should not intervene in and interfere with the legal operation of trial judgment;The function of trial supervision is to serve the judicial adjudication power,so as to realize the functions of standardizing,protecting,promoting and serving.It should not affect or even change the trial process of collegiate bench following the legal procedure and the adjudication of procedural and substantive matters.From the perspective of economics,it is an important way to optimize the judicial supervision power and the jurisdiction boundary to realize the optimal allocation and economical utilization of trial supervision resources.Therefore,it is necessary to establish a system that closely links the performance of the president of the court in exercising the power of judicial supervision and the performance evaluation.We should abolish the power of the president and the president of the court to examine and approve specific cases,and abolish the system of case discussion and Adjudication of the trial committee.For the cases that are tried by the criminal collegial panel,we should make it clear that only the collegial panel is the subject of the trial and the subject of judicial responsibility.No member of the collegial panel can bear the main responsibility of the case,and all members should bear equal judicial responsibility.We should reconstruct the accountability agencies of the judge's ethical responsibility mode and optimize the procedure of the judge's responsibility.