On The Collegiate System

Collegial system is one of the most frequently useful system in civil litigation .The system's condition and operating mechanism results in the level of the judicial practice, how about the parties and the common people accept the jurisdiction to a great extent .All kinds of elements lead to the collegial system losing it's function shrinking and deteriorating increasingly .Even the judicial practice departs from the legislation in force .Then it has very important theoretical worth and immediate significance to research the method that how to make the collegial system to guarantee the justice .The perfecting process of the collegial system which seems a partial reform of the judicial organization will give rise to the reformation of the interrelated systems ,such as the administrative system. In fact, it may be said a system's engineering because the collegial system reform should go on with the whole administration of justice or legal reform ,etc.The article combines three major parties except the introduction and the concluding remarks. First of all, the introduction and the concluding remarks introduces the reasons that the writer chose this subject and the meaning of this article briefly. And the it makes clear of the formidability and the protracted nature of the reformation .The substance concretely explore the collegial system in the way of theory - question - solvationThe first party is the summarization about the collegial system. Defining the collegial system' meaning. It explicates that it contains two meanings on different grounds, and explains its meaning in this article. On this basis, introduces the history of the collegial in west land and our country separately. Nowadays, the system has two types -the professional judges' court and the non - professional judges' court according to the component inside; The system has its principle mechanism: from the point of the observer, it admits the public to join the litigation; democratizes the process and result of the policy decision; promotes the peoples' ability and intelligence. From this way of these participants, it objectifies the fact in the cases; identify the standards in law; restricts the judges to abuse their authorities. But the system has its limitations naturally. It has to occupy lots of litigation resources and people has not yet find efficacious measures.Part two analyzes the administration of justice in our country, especially the present conditions of collegial system in civil trial .the present conditions can be describe that: firstly, the court haven't the judicial authority; secondly, the courtneglect the procedure of the formal discussion; thirdly, the court can't reach a verdict immediately. At last, the people's assessors' function in panel is void. Tracing back to the reasons, they would be diversified including the defects in programming as well as the influences of judicature surrounding and conceptions in heads. The writer expounds the most important reasons. Such as: firstly, the rules and regulation in this system aren't conform to the judicial practical; secondly, the administrative management pattern inside the court corrodes the judicial system. Thirdly, the litigious resources is distributed unreasonably, the same as the procedure designing; fourthly, our judges' quality are out of condition to the modem judicial system .At last, the culture in traditional society reverses the development of the system.As far as the writer concerned, she wants to reconstruct and consummate the collegial system and other systems related to remedy the flaws above-mentioned. Part three wants to explore them from the two ways.On the one hand, it is very important to perfect the system itself. The first step, the jury system needs amendment while the practice proves the panel necessity .On the ground, the writer comments on the newly promulgating judicial documents. The second step, it must be pointed out the contradiction existing between the collegial system and the presiding judge system and coordinate it. The third step, it's necessary to cancel the undertaking— judge system .The irregular system weakens the collegial system's efficacy. The fourth step, the formal discussion process needs regulation. On the other hand, in the external measures, the most important step is to distinguishing the administrative system and the judicial system in the court. To the collegial system, it needs to make clear the right relationship between the collegial bench and the administrators; and second, it needs cancel the judicial council although it has a decisive force for a long time. Third, it needs the concert relationship between the collegial system and the system of solo—judge proceeding. The two systems have their existing value and should supplement each other. The writer believes that the later' s operating rang is too limited. But it isn't intellect to enlarge the extent blindly. On the converse, the writer insists that trial organization should suit the needs of modem judicial practice and the rules in trial. At last, it needs raise the judges' ideological ethical and scientific standards. So that to make a strong foundation for the judicial independence and the judges' independence.