Research On The Reform Of The Chinese Collegiate System

The collegiate court system is a mechanism by which the people 's court is composed of many people and co-trial cases.It takes full play to the collective wisdom and is the concrete application of the group decision-making mechanism in the people' s court.The Supreme People's Court promulgated the "Provisions of the Supreme People's Court on Further Strengthening the Duties of the Co-Chairs" in the implementation of the four "Five-Year Reform Plan of the People's Court",and so on.file.In practice,the local courts have also tried the "reform","professional collegiate" and other active reform and exploration.However,today,China's collegial system "together",the powers and responsibilities are still unclear and other issues are still not fundamentally resolved,the effect of reform and the original ideal there is a certain distance.The reason is because the collegial system is not a single institutional problem,need a number of supporting measures to form a concerted effort to achieve the goal of reform.The judicial reform of the current round is to follow this judicial law,the reform of the collegiate system as a judicial responsibility reform,the reform of the trial power operation mechanism to promote the overall situation,making the reform of the collegiate system to develop new weather and opportunities.Early on the reform of the collegiate system,mostly in the judicial system level of exploration,such as argumentation and judicial independence and judicial justice to deal with the relationship between how to improve the system of commentary system.In the 21 st century today,interdisciplinary in the ascendant,the application of large data swept the world,"wisdom of the court" construction quietly rising.The author believes that the study of group decision-making theory can provide a new way for the reform of our collegiate system.At present,there are some systematic studies on the use of group decision-making theory in the academic circles.The research of the collegial system in our country is lacking in systematic,but the specific countermeasures put forward by the collegial panel from the aspects of group decision-making,such as psychological factors,are not closely related to the current judicial reform,In the judicial practice is not operational.In this paper,the group decision-making theory as the analysis of the angle and the basic context,combined with China's reform of the judicial responsibility system,the trial power operation mechanism,the trial committee reform,trial management and other actual situation,to solve the collegiate system how to balance the relationship between the collegiate bench and the independence system,To improve the scientific nature of the collegial panel review,to enhance the members of the collegial cabinet and other issues,and look forward to improving the reform of the collegiate system to provide a new way of thinking.The paper mainly discusses the following five parts.The first part discusses the theoretical prerequisite for the reform of collegiate panel system in group decision theory.It is divided into four parts: one is to put forward the theory of group decision-making theory;the second is to point out that the nature of the collegial system is group decision-making;third is from the group decision-making advantage analysis of the collegiate system of scientific;four from the group decision-making limitations analysis The scope of application;Fifth,the perspective of group decision-making study of the premise of the collegial system.On the basis of the first part,the second part analyzes the influencing factors of the collegiate system from the effective degree of the group decision.There are two aspects,one is to play a group of favorable factors to actively protect the collegial system to run;Second,the group decision-making group blind thinking,a small number of control,the responsibility is unclear and other negative factors negatively prevent the co-operation system.The third part starts from the simple majority rule of group decision making,and analyzes the scientific composition of collegial court.Specifically divided into three parts.One is to analyze the composition of the collegial panel;the second is to analyze the conditions of the collegial staff(including the principle of selection,composition model);Third,the scientific play the role of the trial judge,put forward the trial judge organization does not necessarily lead to decision-making administrative.The fourth part draws lessons from the group decision-making method and the intelligent system to propose the specific way for reforming our country collegiate system.This paper puts forward the application of the brainstorming method,the entrustment method and the group opinion method,the Delphi method and the multi-intelligent group decision-making system in the group decision-making theory.The fifth part draws the conclusion on the basis of the full text and looks forward to the future development direction of the collegiate system reform.