Criminal First Instance Collegiate Bench Research

The criminal judgement is formed by appraisal.The collegiate benchappraisal has very important function in accuracy of criminal judgement.Inour country, the legislation as well as the judicial interpretation about hearingis quite concrete, but the rules about the collegiate bench appraisal areinsufficient, the theory also lacks detail discussion regarding this. This isdisadvantageous to guarantee the judgement's appropriateness. Therefore, thisarticle studies the collegiate bench appraisal in the first trial procedure,andexpect to have a benefit to perfect the collegiate bench appraisal systemthrough this article research.The full text is divided into four parts, approximately 40,000 words.The first part has conducted the research on the meaning and function ofthe collegiate bench appraisal in the first criminal trial procedure, thecollegiate bench appraisal is the lawsuit activity that all member of thecollegiate bench express their own opinion, analyze and exchange respectiveopinion on the specific procedure and the entity item which related the caseafter trial, and then form the judgement according to the related legal rule. Ithas three basic characteristics: Firstly, the body of the collegiate benchappraisal is all members of the collegiate bench. This has two implications,one is only the member of the collegiate bench can participate in thecollegiate bench appraisal. The other is all members of collegiate benchshould participate in the appraisal. Secondly, the content of collegiate benchappraisal includes entity item and procedural item. Finally, the goal of thecollegiate bench appraisal is to form the judgement, namely the internalformation of judgement. The collegiate bench appraisal has following severalfunctions: (1) strengthens the hearing; (2) accurate the judgement; (3) realizethe judicial fairness; (4) realize the judicial efficiency.The second part has studied the body of the collegiate bench appraisal.the body of the Collegiate bench appraisal, namely the participant of thecollegiate bench appraisal. According to the characteristics of the criminalprocedure as well as the appraisal, the body of the collegiate bench appraisal should only be the member of the collegiate bench, who should experiencethe trial as well as appraisal, have the right to express the opinion about case,participate in the vote. But, in our country, the body of the collegiate benchappraisal actually presents the characteristic of multiplex. From the legislation,the judicial interpretation as well as the judicial practice, the body of thecollegiate bench appraisal mainly has following several kinds: (1) judicialcommission; (2) court chief, presiding judge; (3) higher authority court. Evenalso includes the court colleague, clerk, public prosecutor. At many times, theyexercise the power of substantive appraisal, namely the power of judgement isfinally grasped in theirs hands, on the contrary, the collegiate bench, as theorganization of trial, have no jurisdiction. At the same time, some legalsystems have also had the certain influence to the body of the collegiate benchappraisal. These systems mainly include: (1)judicial commission system; (2)the responsibility of misjudged case; (3) case undertaker system; (4) thesystem of instructions report in case; (5) the system of approval in case. Thesesystems influence the independence or equal of the body of appraisal,therefore needs to reform or abolish.The third part mainly discuss the principles of the collegiate benchappraisal.in overseas, the principle of the collegiate bench appraisal mainlyincludes: (1) the principle of secret appraisal; (2) the principle of forbiding theforfeit; (3) the principle of prompt, continuous appraisal. The principle ofsecret appraisal includes two aspects: secret process and secret content, it isadvantageous to the collegiate bench member freely demonstrates the heartcard; The prohibition forfeit principle is decided by the nature of the judicialauthority, it requests the collegiate bench member to participate in thecollegiate bench appraisal, simultaneously, the collegiate bench member mustexpress their own opinion about case and participate in vote;the principle ofprompt, continuous appraisal request appraisal have to follow closely thehearing, and appraisal should be carried on continuously, before the formationof vote, the appraisal can not sever for no reason at will, it is advantageous toremoving the judicial disturbance. But in our country, there is no principle ofprompt and continuous appraisal, no comprehensive stipulation regarding the secret appraisal principle as well as the prohibition forfeit principle. The secretappraisal has not request secret appraisal process, the prohibition forfeit hasnot furtherly stipulated prohibition forfeit when vote. Therefore, needs toreform the related legislation.The fourth part has studied the content and the rule of the collegiatebench appraisal. According to the characteristic of the criminal procedure, thecontent of the collegiate bench appraisal should be the item that relate whiththe formation of judgement, be tried by the court, and within the power of thecollegiate bench. Concretely said, the content of the collegiate bench appraisalincluding procedural item and entity item. As one of the legal procedures, thecollegiate bench appraisal inevitably has certain rules to carry on. Mainlyincludes two aspects: (1) the rule of speaking; (2) the rule of votes. Thespeech order rule requests to consider the influence of the ageand records ofservice between the collegiate bench member. The vote rule requests toestablish the principle of advantageous to the defendant.in our country, thecontent as well as the rule of the appraisal are imperfect, which easyly tocause the formalization of the appraisal. Therefore, should to reform orperfect.