Research On The Operation Mechanism Of Civil Collegial Panel In China

The Operating Mechanism of the Collegiate Panel is the mode of operation of the influencing factors in the entire procedure,and oriented towards realizing the principles of Collegiate System.Collegial system can prevents out of subjective bias suppression and judicial corruption to achieve a fair trial of the case through the collective wisdom.However,the collegial system has serious defects as wasting judicial resources and affecting trial efficiency.Thereby,the reform of the Operating Mechanism of the Collegial Panel has become crucial.The normal running of Collegial Panel is the foundation of the system of Collegial Panel and the key to promote trial and value.This paper,from dynamic angle,based on carefully analyzing cases,points out the major disadvantages of the current legislation and ideological faults of the Operating Mechanism of the Collegial Panel in China.The faults fall into lack of standardization in the process of transformation,irrationality of resource allocation in launching;the independence of judges of the full court in inquiring;the formalization and convergence inconsulting;the separation of trial and sentenced in judging.What is more important,based on Chinese and Western theories and my own working experience,this paper aims to speed up the operating of Collegial Panel by standardizing the procedure of transformation;smooth the operating of Collegial Panel by perfecting the system of people assessors;standardize operating of Collegial Panel by reforming the examination and appraisal;stabilize operating of Collegial Panel by performing responsibility system.