The Mechanism Of The Collegiate Bench Appraisal Of Criminal Cases

Basic organization of collegial panel as a court case,which shoulder the sacred responsibility of guarantee fair justice??The collegial panel deliberations join the court and the referee,is the core content of a collegial panel,is the premise and foundation of the referee? To strengthen the responsibility of the collegial panel to perform,let the collegial panel play the function of system design is now the main points of the judicial reform?Our country stipulated in the relevant judicial interpretations collegial panel review system,but the law is less,and the content is not specific,is a principle rule and cannot meet the requirements of the practice of the collegial panel review,also can't fully guarantee the impartiality of the collegial panel review results??So have some problems in the judicial practice,for example,there exists a collegial panel review become a mere formality,the collegial panel deliberations shall n afterwards,and the independence of the collegial panel review before sharing,the judge took are greatly influenced by the judicial committee and the President,so the democracy of collegial panel review security is not sufficient?However,in practice the system of the judge took after reduced the influence of judicial security administration,but continue to appear the phenomenon of the promoter opinion shall prevail,so in this paper,combining with the judicial practice of criminal collegial panel review system is analyzed?The author hope that through this article research,can be helpful to the improvement of the system of collegial panel deliberations?In this paper,a total of four parts except preface and epilogue?The first part is the overview of collegial panel review system and the significance?The author first explains related concepts about criminal collegial panel appraisal system,and suggests that our country implements the meaning of the collegial panel review system?The second part for the analysis of the current situation of the collegial panel review system?The author first analyzes the regulation of our country related legal system,secondly introduces the general situation of the court of empirical research,finally,the court criminal appraisal system of the implementation of the overall situation of collegial panel is analyzed?The third part analyzes the problems existing in the collegial panel review system ?Analysis to research the court,the author puts forward the problems existing in the evaluation system in China can use the “false review”,“become a mere formality,the program does not regulate to summary,mainly from three aspects to discuss,,including the collegial panel do not have a unified appraisal main body,the collegial panel review procedure is not specific,the object of the collegial panel review is not explicit,the collegial panel deliberations shall not specification?The fourth part on the basis of the review question,the author puts forward some Suggestions of improve the system of collegial panel deliberations and relevant supporting system?Undertaker who first,to reform the existing system and the system of judicial committee,secondly to clear object,the collegial panel deliberations and refinement of the collegial panel review specific process from the program,to safeguard democracy and independence of the members of the collegial panel deliberations,finally from the review of performance forms in order to establish the standard format of collegial panel deliberations shall,and the related supporting measures should also follow up.