Perfect The System Of Our Country’s The Criminal Collegiate Bench

Since, at present, our country is experiencing a social transformation period, the judicial system of our country should be reformed to fit to the development of the market-oriented economy. Along with the social development, people’s legal consciousness has been constantly strengthened, resulting in a higher requirement on the judicial justice. However, due to the rapid pace of the social economic development, our country’s judicial system is short of a long-time process of accumulation, resulting that the judicial system is comparatively lagged behind, so a reform in the judicial system is necessary. Collegial system, out of its best reflection of the judicial justice, is a basic litigation system in our country and the most important trial form of the trial organizations. However, the collegial system legislation has its own defects and shortcomings and has not been correctly implemented and used in the judicial practice due to various practical reasons, resulting in the judicial practice more or less deviating from the legislative purposes. As a result, it is also necessary to take a reform of the collegial system, in order to ensure the judicial justice in the whole society.Firstly, in this paper, I make an accurate definition of the connotation of the collegial system through presenting the respects of the basic concept, the characteristics and the forms of the collegial system. Secondly, in the paper, I refer to the relevant legislations of the countries under the Continental Law System or the Anglo-American Law System to make a comparative research of their collegial systems and jury systems, and thereby I find out the problems occurring in the collegial system of our country, such as the administration in the criminal collegial system, the nothingness of the juror’s rights in the jury system, the violation of the litigation principles in the operational mechanism of the judicial committee, and the excessive carelessness of the rules in the appraisal through discussion and qualified majority voting mechanism. I also put forwards concrete solutions to the problems mentioned above. For example, as to the problem of administration in the collegial system, I point out the lacks and shortcomings in the legislation and judicature of our country, and put forward the solutions out of my study, including the rationalization of the relationship between the collegial bench and the presiding judge as well as the chief justice, the definite division of work among the collegial bench members, etc., in order to further improve our country’s collegial system, to ensure the correct implementation of the collegial system in our country, thus realizing the judicial justice and forestalling the judicial injustice.