Study On Mechanism Of Collegiate

Collegiate is a natural continuation of the court hearing, it is the prerequisite andbasis for the formation of the collegiate panel mechanism,the reasonable or notdirectly related to the handling of the case,but also related to the purpose of the civillawsuit and the realization of the realization degree.Therefore,setting up scientificcollegiate mechanism is particularly important.However,at present our country’sCollegiate mechanism,many problems still exist,although after a series of reform,butthe problem still exists,seriously affecting the case quality.In view of this, this paperwill be a collegial panel of evaluation mechanism analysis of China’s present situation,the effect factors of the basis to explore the perfect measures.Besides the preface and conclusion, the text is divided into four parts.about28000words.The first part is an overview of the mechanisms of the collegiate panel,includingthe collegiate panel discussion mechanism stage,collegiate mechanism principle andfunction. The discussion of collegiate system on the basis of the collegiate panel wasmade limit,The collegiate panel shall include the following principles:the principle ofequal participation.Secondly, this paper discusses the principle and function of thecollegial panel evaluation.The second part discusses the evaluation mechanism of the collegial panel courtevaluation form.Collegiate system consists of the following threeaspects:(1)evaluation of diversification. Whether legislation in our country level orlegal practice, there are other subject collegial panel influence evaluation.(2) Acollegial panel evaluation, real hypotaxis alone.(3)review of rules. Including thevote,voting and counting the number of rules.In third part,the author to our point of view, analysis of China’s collegiate systemstatus and its influencing factors. At this stage,China’s Collegiate mainly has thefollowing problems:(1)the collegiate panel main body diversity,to independentlyreview.(2)the collegiate panel becomes a mere formality,hypotaxis is only.(3)acollegiate rules.The collegiate panel discussion of the breadth and the depth is not enough,but also for the concrete appraisal rules is rude.The cause of these problems isthe main influencing factors including the specific system and the legislation of somefactors.The fourth part on the basis of the third part,and puts forward some perfect ourcollegiate the conception of the mechanism.In the related system:(1)to cancel thepresident, Dean examination in cases of power.(2)to further improve the collegialrelationships and judicial committee.In the long term,cancel the trial committee is torepresent the general trend,but at present,judges will have the value of itsexistence,we should further improve the collegiate panel and the trial committeerelations.(3)correctly grasp the chief judge position.(4)to cancel the case undertakerssystem.In the case of the system,right, responsibility,benefit to undertake a,weakening the collegial liability,cause hypotaxis is alone,that ought to be abolished.From the members of the collegial panel to pick a person as:" agents",responsible forhandling the procedural matters and matters of collegial panel.(5)the phasing out ofpeople’s jury system.People’s jury system in our country and the system target differsvery far,the effect is not ideal,but also a waste of resources.Therefore,in addition tosome special cases,such as juvenile delinquency,significant effects,involving theemotional factors in the case to be retained,the remaining to be abolished.(6)establisha corresponding supervisory mechanism.On the legislation respectively, theevaluation, evaluation, evaluation subject content rules of regulations.