A Study On The Review Mechanism Of Collegiate Panel

Full court as the court’s basic judicial organization, is shouldering the guarantee the sacred duty of the judicial court justice. Collegial panel deliberations between trial and judge, is the core content of a collegial panel, is the foundation of the referee. Therefore, to establish scientific and reasonable of the collegial panel review mechanism is particularly important. Because our country at present the collegial panel review mechanism in the appraisal subject, appraisal object, appraisal rules, the appraisal supervision and so on various elements are there exist certain problems, hindered the realization of the function of the collegial panel review mechanism, so it is necessary to research system.The full text besides introduction and conclusion, is divided into six chapters:The first chapter is the function of the collegial panel deliberations. Mainly expounds from four aspects: concentrated display of judicial democracy, strengthening the fact that objectivity, accuracy and restricting the jurisdiction, in accordance with the applicable law. Collegial panel review gives each member’s opinion and even the opportunity to debate each other fully, concentrated highlights the characteristics of judicial democratization to strengthen the objectivity of evaluation main body to the fact that all wisdom, security appraisal main body accurately apply the law rules, the appraisal main body to each other at the same time can embody the function of supervision.The collegial panel deliberations of the second chapter. Collegial panel outside factors is to point to review the current judicial environment in our country, the President, dean, judicial committee, and the superior court to review the result directly or indirectly, the direction of interference, is to explore the mechanism is not open around the collegial panel deliberations. From the laws of the jurisdiction operation, appraisal main body must be through the case of case process, and shall not be interrupted, this means that only the members of the collegial panel can satisfy this requirement. But the judicial power of the operation characteristics, regional differences, still need to consider the social soil and the judicial environment of our country. In our country, therefore, the collegial panel review mechanism, laws and judicial interpretations have set up a judicial committee, long yuan(division), the superior court, etc. Judicial committee of collegial system functions such as play a more and more obvious, the shortcomings augean clean-up difficult return, should carry out reforms.The third chapter the collegial panel appraisal main body. Collegial panel appraisal main body is in charge of the case in the process of evaluation procedure and entity issues analysis, discussion and the opinions of the referee person or organization. The world within the scope of the collegial panel appraisal main body is divided into two categories: the jury- professional subject including the jury and the judge of the collegial panel deliberations professional judges; Than(professional judges) the appraisal main body of a collegial panel including juror and professional judge. The collegial panel appraisal main body in China, including the presiding judge, judges and people’s assessors and promoter.The fourth chapter collegial panel appraisal object. Collegial panel object refers to a judge or jury deliberations, appraisal main body behavior is pointing to the object of deliberations, including procedure and entity problems, followed by the evidence to adopt, the fact that, applicable law and the accompanying issues. Material evidence to prove the case facts, identify criminal facts and accurate in the criminal procedure must be in the collection, review and criterions for the conviction of identified on the basis of the evidence. Evidence is the core of evidence can be adopted as a basis for ascertaining the facts, through the core facts can use evidence to be real, how the law applicable to the conviction and sentencing, accompanying issues involving civil compensation responsibility and the property involved in the processing, etc.The fifth chapter collegial panel review rules. Collegial panel review rules are subject to review deliberations activities must follow the principles, the appraisal main body plays a guide role and binding. Secret review rules requirement review process is not open and prohibit disclosure review content. The connotation of order review rules embodied in order to speak and review the object sequence. Timely review rules show that members of the collegial panel shall immediately review after the trial. Ban waiver rules require members of the collegial panel must participate in the review process, and fully express their opinions. Most(consistent) decision rules to the minority is subordinate to the majority or agree to determine the assessment results.Chapter 6 the supervision of the collegial panel deliberations. Collegial panel review of judicial power in accordance with law, exercise supervision and control functions, mainly embodied in the interaction between the members of the collegial panel to supervise, belongs to a kind of internal supervision mechanism. Internal supervision of the inherent characteristics determine its power once the lack of external constraints, speak always unable to completely get rid of a "black-box", it is difficult to win public trust fully, is unfavorable to consolidate and improve the judicial credibility, therefore, have to absorb the external supervision and restriction power, thus by justice program is the only way to achieve fair results. So, in this chapter judgment reasons through argument can counter to review work.Still, verify the impartiality of the review itself. Public minority opinion may maintain independence, judge to improve judicial credibility, urged members of the collegial panel review comment fully in accordance with the law.