Legal provisions on the composition of collegiate bench

Legal subjectivity:

1, the collegial panel is presided over by the president of the court or the president of the criminal trial court. When the president or the presiding judge participates in the trial of a case, he shall personally serve as the presiding judge. People's jurors may not serve as presiding judges. 2, the collegial panel of the first instance procedure can absorb people's jurors to participate. Except those who are deprived of political rights, all citizens who have the right to vote and stand for election at the age of 23 can be elected as people's jurors. People's jurors enjoy the same rights and obligations as judges when performing their duties in the people's courts. 3. The members of the collegial panel can only be singular. The collegial panel implements the principle that the minority is subordinate to the majority. If there are different opinions, the decision should be made according to the opinions of the majority, but the opinions of the minority should be recorded. 4. After hearing and deliberation, the collegial panel shall make a judgment. For difficult, complicated and important cases, if the collegial panel considers it difficult to make a decision, it shall submit it to the president for decision and the judicial committee for discussion and decision. If the dean thinks it is not necessary, he can suggest that the collegial panel review it once. If the collegial panel disagrees with the decision of the judicial committee, it may request the president to submit it to the judicial committee for reconsideration. The collegial panel shall implement the decision of the judicial committee. The collegial panel consists of several people. Except for cases in which summary procedure is applied in basic people's courts, other cases and cases of first instance tried by intermediate people's courts, higher people's courts and the Supreme People's Court shall be tried by a collegiate bench. 1. The basic people's courts and intermediate people's courts shall try cases of first instance by three judges or by a collegial panel composed of three judges and people's jurors. 2. The Higher People's Court and the Supreme People's Court shall, when trying cases of first instance, form a collegial panel composed of 3 to 7 judges or 3 to 7 judges and people's jurors. 3. The people's courts at all levels above the Intermediate People's Court shall hear appeals and protest cases by a collegial panel of 3 to 5 judges. 4. the Supreme People's Court and the Higher People's Court shall review cases of suspended execution of death penalty by a collegial panel of three judges. The above is what Bian Xiao has compiled for you. If we want to form a collegiate bench, we should follow the principle of democracy and the principle that the minority is subordinate to the majority. You need to put on record those who disagree with the majority judgment of the collegial panel. If you have any other questions, you can consult our lawyer online.

Legal objectivity:

Article 183 of the Criminal Procedure Law of People's Republic of China (PRC), the basic people's courts and intermediate people's courts try cases of first instance, which are composed of three judges or three judges or seven people's jurors. However, a case in which a summary procedure or a summary procedure is applied in a basic people's court may be tried by a single judge. When trying a case of first instance, the Higher People's Court shall consist of three to seven judges or three to seven judges and people's jurors. The Supreme People's Court tried cases of first instance by a collegial panel of three to seven judges. When trying cases of appeal and protest, the people's court shall be composed of three or five judges. The number of members of the collegial panel shall be odd.