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The Research Report On The Collegial Panel System Of The Criminal Trial In A County People's Court

Posted on:2012-05-31Degree:MasterType:Thesis
Country:ChinaCandidate:C WangFull Text:PDF
GTID:2216330338459564Subject:Science of Law
Abstract/Summary:PDF Full Text Request
A collegial panel is the most basic people's court judge organization. A collegial panel operation mechanism is the basic skills of collegiate bench system can realize the value orientation of operation procedures. To understand a criminal trial collegial panel in practice operation, find the existing problems and puts forward perfect recommendations, the author USES some county in 2010 in the people's court criminal tribunals internship opportunities, to the county people's court criminal trial collegial panel nearly three years running situation, the existence question, through the observation, questionnaire investigation, the court visit the files of the investigation, research on the way.Full-text except preface and epilogue outside, the text is divided into three parts, about 17,000 words.The first part is research objective conditions. This part of the questionnaire investigation results firstly conducted finishing. Then from two aspects to some county in the people's court criminal trial run the basic situation of the collegial panel introduces: the first aspect is criminal trial run of the collegial panel transverse relationship, includes a collegial panel of startup procedure, component model, responsibility, pretrial trial work, work, work, and other seven factors definitely assessment. Research found that the hospital collegial panel of lateral relationship exists operation procedures applicable standards is not divided, handling and collegial panel members mistap one duty unknown, court before the illegality substantial examination, the people's jury non-existing, mistap judge confirmed optional the gender is big, etc. The second aspect for criminal trial run of the collegial panel transverse relationship, includes a collegial panel and judges, President, relationship between the collegial panel and the relationship ShenWeiHui two elements. Research found that the court within the administrative examination and approval colour grumous, evaluation of runoff lag, ShenWeiHui overmuch participate in case discussion.The second part for investigation analysis. The first aspect is combining legislation analyses of public prosecution cases filing examination, hearing the preparation before, a collegial panel trial work, work and evaluation of runoff collegial panel with chief judges, dean, collegial panel ShenWeiHui the relationship of seven elements. The second aspect is the introduction of criminal trial collegial panel system nays achievements, both criminal cases got fully trial, quickly established a set of perfect people's juror system, strengthening case filing examination, trial activities more reasonable, commenting publicly runoff activities more efficient positive effect and some procedural details apparent breach existing regulations, case people less but again and simplified to applicable irrespective of ordinary procedure, "form fits the real alone" mistap system still not in practice to improve and strengthen internal and external security administration collegial panel, "dimension stability and internal audit report highlighted" work instruction serious interference collegial panel independent trial the shortcomings and problems.The third part is the research conclusions and recommendations. The first aspect is to summarize and comply with existing norms, The second aspect must be combined with practical puts forward some improvement Suggestions, such as: LiAnTing program gets runoff system, airfreight simplified case; Administrative examination period limit, eliminate the presiding judge trying the dean work lax, Handling subsidies equilibrium system, mobilize the enthusiasm, the collegial panel members mistap Big GeYiZhi, reduce ShenWeiHui discussion. Third, the author made a personal Suggestions edition standard, the specification is mainly directed against the hospital and the problems existing in the work and integrate the existing corresponding laws and regulations, and puts forward the author's own several Suggestions.
Keywords/Search Tags:the operating Mechanism of The Collegial Panel, the Horizontal Operating Mechanism, the vertical operating Mechanism
PDF Full Text Request
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