Tentative Study On The Operating Mechanism Of The Collegial Panel

The Operating Mechanism of the Collegial Panel is oriented towards realizing the principles of Collegiate System. Functional running of the Operating Mechanism of the Collegial Panel is the foundation for the sound development of Collegiate System. However, limited by backwards institutional building, improper operation and the external environment, the present Operating Mechanism of the Collegial Panel is still in an out-of-balance state, which not only causes a number of problems, but also brings some negative effect on implementing the reform of Collegiate System in China. Thereby, this paper, from the perspective of civil justices, based on carefully analyzing current conditions of our country, points out the major disadvantages of the current legislation and ideological faults, and probes into the legislation designing and concrete measures to perfect the Operating Mechanism of the Collegial Panel in China.The whole text is divided into three chapters:Chapter one focuses on the definition, etymology, history and basic concepts of Collegiate System, intending to systematize the whole narration of the paper; meanwhile, in comparison with Presidential System, the paper regards the two are complementing each other, and should develop side by side; then the paper formally introduces the Operating Mechanism of the Collegial Panel, and appraises its basic content and rules in detail combined with overseas legislation.Chapter two traces the historical evolution of the Operating Mechanism of the Collegial Panel in China. Following the footprint of history, this chapter explores the establishment and development of the Operating Mechanism of the Collegial Panel, concentrating on the major reform of the Collegial Panel since 2002 in China. While affirming the results taken by the reform, the paper points out clearly the legislative weaknesses, conceptual faults and contradictions of present Operating Mechanism of the Collegial Panel, supported by investigations on some current civil justices, and narrating from the two major aspects of the horizontal operating mechanism andvertical operating mechanism.In reviewing the problems chapter three states the goals for perfecting the Operating Mechanism of the CoUegial Panel, and proposes some reform schemes for problems in regard to the horizontal operating mechanism and vertical operating mechanism. At the same time, in order to realize power returning to CoUegial Panel, the paper advocates to start with perfecting the complementary measures, namely perfecting the relevant legislation, the case diffluence system, and the practice of professionalizing lawyers. Finally, the paper explores the causes and countermeasures of the newly appeared problems in current reforms like minority opinions writing into the verdict and professional install of collegial Panel.