Concerning The Improvement Of Collegial System

Collegial system is the basic trial way of the people’s court,Organic Law of the People’s Court and the three major procedural law has made rules for collegial system.But for a long time,there has been a lot of problem in collegial system,functions and advantages of collegial system did not play very well.Although reform of collegial system never interrupt,but reform did not rise to the legal level,only exists in the policy level and practical level,the "treat symptoms but not the disease" situation,lead to the operation seriously deviated from the original intention of collegial system.This article is divided into three parts,which provides the theoretical foundation of collegial system reform direction.The first part elaborates the principle of collegial system,from the concept,type,historical evolution of collegial system,the next illustrates the reason of choose the collegial system based on group decision theory,the judgment of collegial is a kind of group decision,choice of collegial system is due to the ideas of function of group decision and the significance of its judicial democracy.But as a result of group decision also exist many defects,so the choice of collegial system should be limited in a reasonable range.The second part of the article,the author will the collegial system of our country,this paper briefly introduces the historical of collegial system in our country,then analyzes the present status of collegial system-"Form of collegial system,the single system in fact",mainly for Undertaking-judge system and the panel program fause;for the reason,the author thinks that there are three aspects,first of all,the system aren’t conform to the judicial practical is the root cause,scope of application of collegial system is not reasonable,the people’s juror system,Undertaking-judge system,and the voting rules is not reasonable.Second,the court’s security administration makes thecollegial panel lack of independence,collegial panel loses its independent of external conditions;Finally,the pressure of a lot of cases,unreasonable appraisal mechanism and misjudged cases lead to judges lack of collegial enthusiasm,to further reduce the possibility of a collegial system normal operation.The third part,in view of the above reasons,first of all,it is very important to perfect the system itself.the first step is to clearing the applicable scope of collegial system,put the limited judicial resources into the most needed cases,so as to reduce the pressure of the judge,increase the likelihood of judges to take an active part in collegiate bench;Secondly,we should provide a good external environment to collegial system operation,from the Angle of enhancing the role of the judge identity enhance the possibility of collegial system implementation;Again,based on the perspective of group theory in social psychology,to the factors affecting the group decision,from the decision-makers individual ability,group size,population structure,information exchange,and the rules chooses,in this five aspects of groups to construct collegial system,provides the direction of collegial system reform;No system can achieve perfect,collegial system also,therefore,in the end,the design system of collegiate bench is still need to restrain the defects of the system of collegiate bench,the author analyzed from the inhibition of group polarization,the Angle of the groupthink and herd behavior,that anonymous voting method can maximize the inhibition of the defect of group decision.The author attempts to provides the theoretical foundation of collegial system reform through group theory,but due to the limitation of ability and time,this studies lack of first-hand empirical data,may lead to analysis of the status quo of collegial system in-depth,cause the theoretical significance of this paper is greatly reduced,but the research of this paper may provide an idea for practice department of personnel,combined with practical experience with rich research results.