Jurisprudenced Analyzation Of Collegiate Trial System

The legal system of collegiate bench trial system has four principles:people paticipatation, common democratic decision-making, independent trial judge,eqully judgments. The basic goal meant is hoped by inhibiting prejudice, brainstorm, litigation democracy to prevent the judicial corruption of the case to achieve a fair trial. However, the practice in our country there are many deviation caused betray the collegiated bench system basic principles.The author believes that the current our country collegiate bench system in practice exposed problems and difficulties, investigate its reason has the limitation of collegiate bench system itself, but the more important reason is that our basic concepts of collegiate bench system, working mechanism, concept, plus the understanding of deviation in China's judicial environment strong influence of administrative tendency, makes the collegiate bench trial system current predicament.Based on the comprehensive judicature practice problems and jurisprudence and the historical contents related to law and comparative law perspective of collegiate bench system analysis. The paper mainly points out the running beset of collegiate bench system operation in China's current problems and some misunderstandings of the collegiate bench. Judicial interpretation of the judicial system and the reconstruction puts forward some constructive suggestions, aiming to achieve the development of collegiate bench system and perfection of urbanization.Full text is divided into four chapters:The first chapter is mainly to the collegiate bench system of the basic concepts and principles and collegiate bench system history evolution to make reading. First of all, the basic concept of collegiate bench system to make analysis; Then pointed out that the classification of the collegiate bench system and the basic design of the collegiate bench system principles, advantages and limitations; In the end the Chinese history of collegiate bench system once made by historical overview,do some of modern perspective of its effect on the development of collegiate bench trial system.The second chapter is mainly to point the judicial practice to China's current situation and problems of collegiate bench system make elaboration. Firstly points out that the practice of"form of collegiate bench system fits the real independence", avoid a professional risk; Second emphasis on"case system in the administrative tendency misstep"analyzes and disadvantages; At last point that the judicial committee and a collegial panel relationship problems and case please batch system reform focus problems.The third chapter basically is in reflections on the development issues. Collegiate bench system by comparison, meanwhile, explore the perspective of collegiate bench system, and the development of the foreign changes and experience. First point the to foreign history of collegiate bench system and China in contrast and analysis; Then it analyzes the development and reform of Anglo-American jury system of our country, the absorption of collegiate bench system development, main is favorable experience on the concept and method of folk wisdom there are absorbed reference points.The fourth chapter on the basis of the former three chapters of the reform of the system of collegiate bench current direction and concluded that the first program scheme shunt and trial organization swap mechanism needs to be perfect; Second case in responsibility divided misstep system on equality participation mechanism need improvement; Again ShenWeiHui shall control into the number of cases and scope, change ShenWeiHui functions; Finally, the western jury system development value in public opinion, democracy and justice, respect folk wisdom and emphasizes participation principles of experience is needed to change accordingly.