The Mechanism Of The Collegiate Bench Appraisal Of Criminal Cases

The collegiate bench is the basic organizational form of criminal trials, and the collegiate bench appraisal is between the trial and sentencing procedures,which is a continuation of a criminal trial but also the prerequisite and basis for criminal judgment be formed.Whether the mechanism of the collegiate bench appraisal is scientific or not directly decides final realization of the objective of criminal Procedure and the degree of realization.In the current situation of running the current collegiate system,it is urgent and important to build a scientific and reasonable mechanism collegiate bench in criminal cases. So this paper studies the mechanism of criminal cases collegiate bench as a whole,based on carefully analyzing current conditions of our country, learned from the experience of outside countries or regions, further explored specific measures to improve our criminal collegiate bench mechanism.The whole text is divided into four parts except the introduction and the concluding remarks:Part one is a the outline about the criminal cases collegiate bench appraisal. The author comments on the basis of the definition of the problem,clarified the meaning of criminal cases collegiate bench, further elaborated on the theoretical basis of criminal cases collegiate bench and practical features.Part two is a criminal case collegiate bench constituted specific mechanisms. Three elements of collegiate bench mechanisms includes the subject of appraisal, the object of appraisal and the regulations of appraisal. Specifically, the subject of appraisal includes professional judges and people’s assessors, the object of appraisal includes conviction question, sentencing issue and accompanying questions, the regulations of appraisal can be divided into speeches and voting rules ordering rules, which the author will focus on.Part three gazes into our criminal system collegiate bench, analyzes of the current problems existing in our criminal cases collegiate bench appraisal existed from the subject of appraisal, the object of appraisal and the regulations of appraisal:(1) Case approval system and the judicial committee to discuss cases resulted in diversification council appears trial separation;(2) Undertaker case system, the jury system and the lack of accountability system overhead appraisal mechanism of action;(3) The collegiate bench emphasis on conviction and neglect sentence result a lack of normative collegiate bench;(4) Undertaker first comment and a single voting rules led directly inefficient collegiate bench;(5) Explore the minority views openly question in the collegiate bench, including minority opinions handling international practice, consideration of own national conditions and constraints.Part four intended to put forward specific ideas to improve our system of criminal cases collegiate bench. Externally,by eliminating Case approval system and regulating the judicial committee to discuss cases to safeguard the independence of the collegiate bench appraisal; Internally, The first step is to ensure the collegiate bench appraise independently:(1) Correctly position of litigation functions undertaker;(2) Strengthen the effective participation of people’s jurors;(3) Reform accountability mechanisms and assessment system. The second step is expressing collegiate bench of criminal cases, Emphasizing on standardized sentencing appraisal under the guidance of opinion normalized sentence’s Opinion, and establishing the match between appraisal transcripts and judgment documents. The third step is to improve the criminal case collegiate bench rules by re-establishing the order of speakers and diverse voting rules,which is the most important part in this paper. At last, this section will discuss the operation of the minority views openly question in practice, the author advocates a selective few public comments and apply on restrictive approaches.