Research On The Application Of The Collegial System In The Context Of The Reform Of The Expansion Of The Scope Of Application Of The Sole-appointment System

The collegial system is the basic organizational form for the court to exercise adjudication power on behalf of the state,and the operational effect of the collegial system is a direct embodiment of the court’s judicial adjudication capacity.However,for a long time,the application of the collegial system in judicial practice has had the problems of "conformity and independence" and "collusion without discussion",and multiple rounds of judicial reform measures have made its application more and more complicated.In January 2020,the Supreme People’s Court formulated the Implementation Measures for the Pilot Reform of the Diversion of Complicated and Simple Civil Procedure procedures,carrying out a reform pilot to expand the scope of application of the one-man system,trying to solve the application alienation in practice,further optimize the allocation of judicial resources,and deepen the reform of the civil procedure system.In 2021,the Civil Procedure Law was amended to readjust the legislative pattern of trial organizations,the scope of application of the sole appointment system was expanded as never before,and the status of collegial system as the basic system of civil trial was threatened.This paper intends to take the reform of expanding the scope of application of the one-way system as the starting point,and explore the scope of application that the collegial system should adhere to and the procedural mechanism for its application.The writing idea of this article mainly revolves around the following four aspects:Chapter I explores the impact of the reform of expanding the scope of application of the sole system in civil litigation on the application of the collegial system.Sort out the legislative evolution of China’s civil procedure trial organizations,comment on the progressive significance brought about by this amendment to the trial organization,and affirm the original intention of expanding the scope of application of the sole appointment system.However,the unclear demarcation between the collegial system and the single-appointment system and the imperfect procedural mechanism have saliented problems,which have shaken the status of collegial deliberation as the basic system of civil adjudication,and other factors have also led to many problems in the application of the collegial system.Chapter II deals with the theoretical basis for the application of the collegial system in civil litigation and the views on the phenomenon of collegial system alienation.The theoretical basis of collegial system comes from the two major theories of group decision-making and judicial democracy.The reasons for the alienation of the collegial system are complex and the result of the role of multiple systems.Therefore,he expounded his personal views on the phenomenon of "collusion without deliberation",the difficulties of the transformation of the adjudication committee,the reflection on the system of the court president’s review of the case,and the risk of the judges’ conference system.Chapter III regulates the scope of application of the collegial system.Elaborate the considerations and main bases for the division of the scope of application of the collegial system,so as to scientifically divide the scope of application of the collegial system from three aspects,such as the level of the court,the trial procedure,and the type of case.Chapter IV is the improvement of procedural safeguards for the parties and the procedural mechanisms applicable to the collegial system.The application of the collegial system essentially belongs to the content of the court’s litigation command and does not fall within the scope of the parties’ right to choose procedures,but the parties shall enjoy the right of objection as a means of supervision and relief in accordance with law.Suggestions were also put forward for improving the way for the parties to exercise their right of objection.The decision mechanism for the application of the collegial system was comprehensively clarified from the aspects of the process and subject of the decision to be applied,and the determination of the conversion standard.