Study On The Principle Of Statutory Judge

The principle of statutory judge requires not only the legal jurisdiction outside the court,but also the legal distribution of cases inside the court.The theory of procedural justice and the theory of constitutional rights constitute the theoretical basis of the principle of statutory judge.Our country is not in the provisions of the law to clear the legal principle of the judge.Because of the lack of corresponding system design,combined with the administration of judiciary,legal jurisdiction and legal case allocation has not been very good to do.In the criminal trial jurisdiction,distribution of cases and judicial organization,there exist problems that they have contradicted with the principle of statutory judge.The problem of changing jurisdiction in criminal trial is embodied in the administration of changing jurisdiction and the abstraction of system changing jurisdiction.The problems in the case allocation system are reflected in the administrative division of cases and the unsound rules of division of cases,and the unsound rules of division of cases are reflected in the lack of uniform rules,the abstraction of rule of case allocation,the lack of restrictive provisions for re-division of cases and the opaque process of division of cases.The problems of trial organization are mainly reflected in the separation of trial and sentence in the judicial committee system,the "separation of form and reality" of the collegial panel and the lack of substantive jurisdiction of the people’s assessors.In view of the problems existing in the change of jurisdiction in criminal trial,we can improve them from the following aspects:establishing the right of the parties and the procuratorial organs to apply for the change of jurisdiction,providing relief ways for the right of the change of jurisdiction and crystallizing the system of the change of jurisdiction in criminal trial.In view of the problems existing in the system of case allocation,it can be carried out from the following aspects:de-administration of the subject of case division,establishment of unified standard of case division,concretization of the rules of case division,restriction of case re-division,and regulation of open and transparent case division process.The separation of trial and sentence of judicial committee can be solved through litigation of judicial committee.To solve the "separation of form and reality" of the collegial panel,we can abolish the undertaker system.In view of the lack of substantive jurisdiction of the people’s jurors,the jurors’ jurisdiction can be materialized to solve the problem.