Research Of Judges Dissenting Opinion Of Criminal Adjudication

Adjudication is free appreciation of judges, it is the concentrated expression of the meaning that dissenting opinion was published in the criminal jurisdiction. Dissenting opinion in line with the requirements of objective facts, It strengthen the judge's responsibility and self-awareness and reflection in depth of the court system. Dissenting opinion made in favor of public supervision of judicial, can effectively reduce intervention, more conducive to the cultivation of specialized judges, and ultimately to promote the development of the law.it is experience of the Anglo-American judicial system over the years that dissenting opinion is published in the criminal jurisdiction, a great many dissents delivered a significant number of dissenting opinion in the history of the United States. for the impact of judicial authority the maintenance, the civil law countries only display the majority opinion of judges, other judges dissenting opinions is not published.Many of cases is actually achieved by the contractor alone in the criminal jurisdiction in china, others of the Full Court more a simple statement by on the contractor's report than an independent opinion,even more reluctant to take the time to express dissenting opinion. In addition, the court's internal instructions and guidance system makes a criminal sentence always have to through a number of procedures, so that the dissenting opinion of Judge can hardly have any space. Their main reasons of this problem is due to the impact of deep-rooted traditional concepts, the existence of the Judicial Committee of the unreasonable and wrong cases and the existence of an examination system, the judges of the lower quality, independent thinking and less able to judge the reasoning.We will constitute the system of china's dissenting opinion in the criminal jurisdiction, first of all, we must abandon the tradition's concept that the dissenting opinion may greatly reduced the prestige of the court and degree of the general public be convinced. Secondly, we carry out institutional reforms, it is necessary to abolish the mechanism of judge wrong, to repeal the instructions of a superior court and the Judicial Committee, to reform examination system and the Full Court system, to strengthen the overall quality of judges, finally, we must formulate that delivering dissenting opinion is the obligation of judges, his dissenting opinion should be accompanied detailed reasons in time, to be in the form of diversification, so this system gradually implement at all levels of courts.