Research On Independently Exercise Criminal Trial Power In Chinese Collegial Panel

The collegial panel is the basic form of our trial system. It undertakes the trial of almost cases, and it cannot judge legally because of judicial administration and judicial localization. The purpose of the establishment of Chinese collegial panel to carry out the criminal trial function independently is to achieve the justice of trial in the socialist countries, which is ruled by law. The Chinese legal environment is not contending. There are many influencing collegial panel to carry out the criminal trial function. This article is based on this present conditions of our judicature which is not contending, taking the professional collegial panel as a "simulate trial unit", which is guaranteed by the independence of trial, in line with the notion of the impartial trial, fully elaborating the professional consciousness and skills of the members in it to deal with the case, achieving the independence of the trial in modern meaning----the independence of the judge, as soon as possible. There are four parts in this article.I. The General Introduction to Collegial SystemCollegial system means plural body cognizance, comment and judge independently in the process of judging. Plural body, equality, codetermines and independence is the features of it. Independence that determines the other three features makes the key point. Plural body, equality, and codetermine are the exterior features and independence is the internal features. Jury collegial system, blending collegial system and professional collegial system are the three types of collegial system. We will only talk about professional collegial system in our article.II. The Value Inclination of Chinese Collegial Panel in Criminal Trial FieldThe value of collegial panel in the area of criminal jurisdiction is realizing equality and justice, which are the eternal goal we pursue. Collegial panel's function of criminal litigation means the body that has been authorized jurisdiction-judging cases properly with the consideration of justice. The meaning of equality and justice come first. The author indicates that justice include freedom and equality which involve both right and obligation in it. Freedom and equality are determined by the realistic conditions in the society. Freedom, related to consciousness, rules and social demand, will not have any restriction in its action and can't affect other freedom. Equality shows the men's desire of respect and reciprocity. We can conclude that the progress of human rights is the progress that from freedom to equality. Having analyzed the freedom, quality and human rights, the author indicate that freedom is the precondition or condition of quality and quality is the basis or backing of freedom. The essence of justice that restrict to the definitely realistic condition is the integration of freedom and quality. Freedom is the primary essence and equality is the comparative advanced essence. The essence of justice and human rights enjoy the same meaning.III. The Independence of Trial Decision in China is the Requirements of Criminal Legality The modem connotation of judicial independence include independence of trial right, court independence, judge independence. In broaden sense, judge self-independence indicates the macrocosm independence of the court .On the contrary, the macrocosm independence of the court would not surely indicate judge self-independence. The disadvantage of Chinese collegial panel trial demonstrates that weak consciousness in equal to collectivity making decision lead to seemingly in harmony but actually at variance. Because of unperfected judicial system, the trial independence is impossible to come true. Judicial administration holds back the external trial independence and judicial localization hold back the internal trial independence. For stepping into the modern judicial independence, author conceives new point about collegial panel independent. IV. The Independence of Judicature with Chinese Feature----The Independence of Collegial PanelIt is the core in this article...