Criminal Collegiate System Problems And Solutions

Collegiate system reform is the people's court "15", "25" and "35" an important aspect of reform. 2009 "People's Court in the third Five-Year Reform Program" to further clarify the perfect collegiate system, strengthening the Full Court and the judge functions as one of the key. Thus, with further promote China's judicial reform, establish a sound scientific and rational system of judicial organization and operation mechanism, establish a modern court system is increasingly becoming an important part. Collegiate system as a basic legal system, play a pivotal role in the effect of its operation directly determines the handling of the case is fair. China through the "Criminal Procedure Law" and its judicial interpretation, the "People's Court Organization Law" and "Supreme People's Court Full Court on the work of a number of provisions" and other legal documents, for the time collegiate referee principles and procedures and other issues were defined. But the legislation has led to the judicial practice of crude difficult to operate, making the collegiate system is not playing its proper meaning, the full court, "together do not debate," "indecisive", "form together real independence" have occurred. To make a real play value collegiate system, the most basic is the need for comprehensive legislation to regulate the constraints.This case from the start with the judge acting outside the law, described in three parts. The first part of the basic facts that were introduced, the judge used his authority accepting bribes, the defendant tampered with age, deceive members of the Full Court and the Judicial Committee, to help the defendant to avoid legal action. This case can be seen that the current contractor's system led to the collegiate system to run "form together real independence" phenomenon, caused by an important reason for this phenomenon is the current collegiate system of rules is imperfect. The second part is further discussed the current problems in the collegiate system itself, from the collegiate members, collegiate content, collegiate rules and accountability four areas for analysis. The third part of the current system for the inadequacies, the corresponding solution to make a few suggestions, the main duties from the specification, refinement collegiate content, improve accountability and reform of collegiate rules in four areas of the collegiate system to regulate the internal operation mode.Complete run of the legal norms of judicial protection of legal norms through rational regulation of the collegiate system, so that a legal basis for the operation of the collegiate system, develop collegial spirit of democracy, collective decision-making, collegial process to curb the phenomenon of law and discipline, to ensure case the referee's impartiality and propriety. To protect the quality of the case on the basis of increased judicial efficiency, the collegiate system is truly implemented, the largest of its role to play, also contributed to the process of judicial reform and efforts.