Study On The Deliberation Mechanism Of The Large Collegiate Bench

With the introduction of the Law of the People's Republic of China on People's Juror,the jury mode of large collegiate bench in China was formally established.The ensuing issue is how to improve its related supporting mechanisms so that the effect of the reform can be practically implemented.As a key link of the collegiate bench,its deliberation mechanism directly determines whether the advantages of the group decision-making in a collegiate system can be truly brought into play.In the collegiate bench with the people's jurors as participants,its deliberation mechanism determines whether the functions of judicial democracy under the system of people's jurors can be fully achieved.In order to perfect the deliberation mechanism of the large collegiate bench as a kind of innovative collegiate bench under jury system,not only should the inherent problems in the deliberation mechanism of collegiate bench and the system of people's jurors in China be solved,but also the special requirements that match its institutional innovation should be studied.The first chapter is an overview of the deliberation mechanism of collegiate bench.This chapter is divided into two parts.The first part introduces some basic issues of the deliberation mechanism of collegiate bench.The nature of the collegiate system is group decision making.The deliberation mechanism of collegiate bench refers to the sum of the structure and operational mechanism of the whole process of a collegiate bench composed of multiple trial subjects to make identification on the fact of a case,and make comprehensive discussion and assessment on the application of the law and make decisions on handling the case.The second part analyzes the specific composition of the deliberation mechanism of collegiate bench.In general,the deliberation mechanism of collegiate bench includes three parts: deliberation subject,deliberation contents and deliberation rules.Specifically speaking,when selecting the deliberation subject of the collegiate bench,it is required to follow the principles of subject justice,subject matching,subject stability and subject closure;the deliberation contents of the collegiate bench include convicted matters,sentencing criterion matter,accompanying matters and procedural matters;the deliberation rules of collegiate bench mainly include rules such as secret deliberation,waiver prohibition,timely deliberation,sequential deliberation and other rules in the process of group interaction as well as unanimous consent and majority consent and other rules in the process of group gathering.The second chapter focuses on the deliberation mechanism of collegiate bench and the jury mode of large collegiate bench in China.This chapter is divided into three parts.The first part mainly introduces the deliberation mechanism of collegiate bench in China.On the basis of teasing out the legislative status of each part of the deliberation mechanism of collegiate bench,it points out that there are practical problems in the deliberation mechanism of collegiate bench in China,such as the arbitrary change of the deliberation subject,improper intervention of other subjects,insufficient attention of the procedural matters,and the simple and rough deliberation rules.The second part introduces the jury mode of the large collegiate bench in China.Firstly,it analyzes and sorts out the reasons and construction process of the people's juror system in our country.Secondly,it summarizes the quorum and proportion of large collegiate bench in jury system,the scope of applicable cases,the separation of fact trials and legal trials,and the judges' enjoying the characteristics of indication obligation.The third part introduces the deliberation mechanism of collegiate bench under the jury mode of the large collegiate bench.On the basis of analyzing the current status of the deliberation mechanism of the large collegiate bench under jury system,it puts forward the practical problems,for example,the original disadvantages have not been improved,the new rules have not been refined,and the system mechanism has not been established.The third chapter discusses the perfect plan for deliberation mechanism of the large collegiate bench under jury system.This chapter is divided into four parts.The first part discusses the improvement of the deliberation subject of the large collegiate bench under jury system.The specific measures cover establishing the peremptory challenge system of the people's jurors according to the principle of subject justice,establishing the large collegiate bench conversion system in jury system according to the principle of subject matching,establishing the alternate people's juror system according to the principle of subject stability,and reconstructing the internal and external relations of the large collegiate bench according to the principle of subject closure.The second part discusses the improvement in its deliberation mechanism from the deliberation contents.It specifically includes the differentiation between factual issues and legal issues,and the differentiation between the realization of physical matters and procedural matters.The third part discusses the specific schemes for perfecting the deliberation rules for the deliberation mechanism from the aspects of secret deliberation rules,wavier prohibition rules,timely deliberation rules,sequential deliberation rules and voting rules.The fourth part constructs the supervision mechanism of the large collegiate bench under jury system,including the achievement of the disclosure of some minority opinions and the trial responsibilities jointly borne by the people's jurors and judges.