On The Solution And Predicament In Operational Mechanisms Of The Full Court

Collegial system has four basic characteristics of more than participation, equal participation, joint decision-making and independent trial, which aims to prevent out of subjective bias suppression and judicial corruption to achieve a fair trial of the case though the collective wisdom.However, the collegial system of China's specific institutional arrangements operating mechanism has serious defects. Not only had the inherent shortcomings in collegial system, such as low efficiency, reduced individual responsibility played a full but also brought about the failure of information, lack of scientific incentives mechanisms, inequality in fact members of the Full Court, the administrative courts and so on. These serious defects lead to independence in the Full Court, members in the Full Court avoiding the occupational risks and the operation of the Full Court's deviation from the principle of independent trial, which result in that of the collegial system, is not able to play its full effectiveness. In addition, firstly, the arrangement for between the collegial system and the single system can not adapt to the objective reality that the institutional arrangements for the growing number of cases; secondly, Sets on the order of speech in the Full Court limits the members to express their views fully and the principle that the minority is subordinate to the majority in collegial system is difficult to solve practical problems.The core to arrange the collegial system operating mechanism in reason is the protection for members of equality, independence. Meanwhile, system design should be considered fully self-interest and economic man attributes of judges and the judge is not a perfect person and judges lacking of constraining, has the same "evil" trend. Therefore, the system should, based on optimizing the resources allocation, implementation procedures and diverting among different trial organizations, stress the overall responsibility of the Full Court, confirm the principle that conclusions determined by the majority of the full court and eliminate gradually the impact by deep-rooted the administrative courts; Meantime, it establishes the case process for consultations of the full court which sit on the main contents of quick collegiate, prohibiting abstain, writing reports by their selves and carrying out the named ballot system, which fixed the Full Court's observations and conclusions in an appropriate way to strengthen the norms of the Full Court of appraising cases.