On The Reform Of Criminal Collegiate Bench System

The criminal collegiate penal is a trial organization that participates in a number of people,common decision-making and judge independently.Its advantage lies in the collective discussion,resolution,convergence of the wisdom of the members of the collegiate panel,to make a fair and reasonable referee.To a certain extent,it can suppress the judicial tyranny,to prevent judicial corruption.However,the composition of the collegiate panel is not optimized,the rules are rough and cluttered.The relationship between the trail committee and the collegiate panel is not conducive and do not guarantee the effective functioning of the collegiate panel.Whether the criminal collegiate system can run effectively or not depends on the fairness or absence of fairness,the criminal trial is an important prerequisite and basis for ensuring the quality of the trial.Under the background of judicial reform,the system of criminal collegiate system can only meet with the times and carry out reform and reform so as to meet the requirements of the development of the times and the construction of the rule of law.Therefore,it is of great significance to study the reform of the system of criminal collegiate court today in vigorously promoting the judicial reform.In this paper,besides the introduction,the text is divided into three parts,about thirty-three thousands words.The first part explores the composition of the reform of our criminal collegiate court.The members of our collegiate panel include professional judges and people’s jurors,who form a trial organization in a random manner.However,from the perspective of judicial practice,the presiding judge system,the case contractor system destroy the equal relationship between the members of the collegiate,leading to the consequence which members of the collegiate panel can not play its due role in the case of the referee,has a negative impact on justice.And the composition of the collegiate panel has to be optimized,in practice,it consists of three relatively fixed judges,easy to form a small interest groups,that can not excite cohesive brainstorming function effectively and do not meet the development needs of criminal trials.In addition,the composition of the collegiate panel is a kind of internal judicial administration process of the court,which does not reflect the participation of the parties,perform arbitrarily,so that the parties can not protect their litigation rights and interests through the Challenge system,easy to find room for rent-seeking power.Therefore,it is necessary to promote the reform of the system of post judges and the expansion of the trial team of the people’s jurors to meet the requirements;to optimize the number of members of the collegiate panel,Optimize the members of collegiate panel,and put the big panel into practice in conditionally;improve the composition of the collegiate panel and other aspects.The second part studies the collegiate panel review process.The collegiate panel review procedure is a key part of the collegiate panel members who have played the role of co-formation of the referee.Only each members of collegiate panel are fully and effectively involved in the process,can the relative advantages of the collegiate bench be effectively played.In the judicial practice,the members of the non-collegiate panel participated in the appraisal process,the lack of certain rules and regulations,the rules of voting without strict rules and the collegiate panel review is making decisions in common but its judge controlled by someone,leading to the disagreement of the review process.Should clear the main body of the collegiate panel in the law,only the members of the collegiate panel can participate in the appraisal of a case;entity review comes first,secondly review conviction sentencing;voting should be in accordance with the age of the size,qualifications,the review order is the same if there are People jurors;Establish a list of responsibilities so to enhance their sense of responsibility to urge them to exercise the power seriously;at the same time,improve the relevant assessment indicators to strengthen the judge trial performance,the weight of the case,difficulty coefficient,professional division of labor and other methods should be considered.The third part is about the reform relationship between the collegiate bench and the the trial committee.The trail committee has a long history,it made important contributions to guide the criminal trial,such as checking on the quality of serious cases to prevent the miscarriage of justice.However,the drawbacks of the trial committee system have become increasingly prominent,there have a controversy of abolish or reform the system for a long time.The deliberations of the committee on deciding the cases violate the principle of reunification and judgment,and their own Authority and responsibility do not match,creating unfair responsibility undertook by collegiate panel.In judicial practice,the scope which the trial committee discuss the cases is too wide,the main bodies of the trial are apt to confused,the quality of the case is not high and the members of the Committee do not public and other issues and so on,about problems are violated the judge power of the collegiate bench seriously.It should promptly cancel the jurisdiction of the trial committee,strengthen its macro-guiding functions;at the same time improve the presiding judge’s joint meeting system,do a good abutting joint for the reform of the trial committee system.