A Study On The System Of Criminal Trial

Collegial panel of the court is the legal form of people’s court dealing with various cases in our country, whose operation effect directly displays the judgment capability of the court. With the advancement of the judicial reform in contemporary China, establishing and improving scientific and reasonable judicial organization system and operation mechanism becomes an important part of the modern court system.However, in the long-term, our collegial panel of criminal trial is in a suspended state of nominal power. In fact, only by means of establishing reasonable collegiate system of criminal trial can we achieve the goal of judicial reform, giving the right back to collegial panel, so as to walk out of the judicial dilemma, i.e. integrity in form while independence in nature, proceeding without judging, hearing without trial. In addition, if no scientific and reasonable understanding of collegiate system is reached, no corresponding effect will be produced in return for the efforts for reforming and developing collegiate system.In view of this, the research is based on the criminal trial collegial system. Analyzed different theories of collegial system and the current legal provisions.At the same time, the research investigated and reflected on the statue quo of collegiate system of criminal trial as well as existing problems in order to explore specific solutions to improving the system in the hope that possible contribution can be devoted to the judicial system. Specifically, the thesis is divided into four chapters:The first part is the main overview of criminal trial collegial system, including the concept of the Criminal justice system of collegiate beach and theoretical basis of collegiate system of criminal trial. It also compared criminal collegial system to the single system, So as to work out the comparative strength, that is, basic function and value of collegiate system, i.e. benefiting from mutual discussion, curbing corruption, strengthening the trial as well as realizing democracy.The second part mainly investigated collegiate system of extraterritorial criminal trial, introducing the origin and development of jury system, mixed and professional collegiate system in foreign countries. In the process of exploring the development of collegiate system in foreign countries, this study concluded basic principles, operational methods and appraisal rules in the collegiate system in continental legal system and British and U.S laws so as to be referred to the system in our country.In The third part the author will perspective into the specific judicial practice in our country, focusing on the analysis of the operation situation of collegial system of criminal trial, especially the implementation of the basic people’s courts of the collegiate bench system in China. By means of detailed analysis of panel discussion before, during and after the court, this study aimed to work out the existing problems of operation process of the system. The status quo of the system in China can be described as integrity in form while independence in nature, proceeding without judging, hearing without trial. In the end, main reasons are analyzed from the aspects of system design, internal management and external supervision.The forth part put forward the necessity and goals of reforming and perfecting collegiate system of criminal trial on the basis of reflecting on and concluding problems. First, three goals of reform are released, i.e. Democracy, Independence, Joint trial. By realizing these goals can we reform the existing system.Next, specific solutions are put forward in system design, internal management and external supervision so as to walk out of the judicial dilemma, i.e. integrity in form while independence in nature, proceeding without judging, hearing without trial. At last, in order to give the right back to collegiate panel, improving corresponding solutions should be put on the agenda, i.e. improving related laws and regulations, enhancing the quality of court judges and perfecting case separation of the system.