What is a judicial organization? What are the organizational forms of criminal justice organizations?
Judicial organization refers to the composition of the court that hears cases, including the sole-duty system, collegial panel and judicial Committee.
1. Sole appointment system: refers to the system in which 1 judge [exercises the same authority as the presiding judge] hears cases alone.
1. The grass-roots people's court applies summary procedure to hear public prosecution cases:
A. For those who may be sentenced to fixed-term imprisonment of not more than three years, a collegial panel may be formed for trial, or 1 judge may try alone. The sole judge system is limited to cases in which the summary trial of grass-roots courts applies to fixed-term imprisonment of less than three years;
B. If a person may be sentenced to fixed-term imprisonment of more than three years, a collegial panel shall be formed for trial.
2. The judicial organization shall adopt the form of collegiate bench, except that it can be tried separately.
2. Collegiate system: refers to the system in which a collegial panel is composed of several judges.
1. Composition of the collegial panel: composed of judges.
(1) Only judges and people's jurors appointed by legal procedures in our hospital enjoy the same rights and obligations as judges when performing their duties in court, but they cannot serve as presiding judges or sole judges.
(2) Members of the collegial panel shall not be arbitrarily replaced:
A. it shall be submitted to the president and the president for decision;
B. notify the parties in time.
(3) The presiding judge of the collegial panel shall be appointed by the president and the presiding judge, and I shall serve as:
A in principle, it can only be held by judges;
An assistant judge may temporarily represent the judge and the presiding judge upon the proposal of the president and the approval of the judicial committee.
C. people's jurors may not serve as presiding judges.
2. The number of collegiate bench members: it should be odd.
(1) A criminal case of first instance consists of judges, judges and jurors:
A. Basic courts and intermediate courts: composed of 3 people;
B. High Court and Supreme Court: composed of 3-7 people.
(2) Appeal cases, protest cases and death penalty [suspended death sentence] review cases are composed of judges:
A. Complaints and protests: composed of 3-5 people;
B. review case: composed of 3 people.
3. The collegial panel activities [review] rules:
(1) The principle that the same collegial panel shall hold a hearing and make a judgment after deliberation [the collegial panel shall conduct deliberation within 5 working days after the hearing];
(2) The status of collegiate bench members and the principle of reciprocity of rights and responsibilities:
A. members of the collegial panel shall express their opinions;
Members of the collegial panel shall sign the appraisal record and legal documents.
(3) Principles of evaluation activities:
A. the principle of final adjudication by the presiding judge;
B the principle that the minority is subordinate to the majority: decisions should be made according to the opinions of the majority, and the opinions of the minority should be written in the record;
C. the principle that collegial panel deliberations should be kept confidential.
3. Judicial Committee: refers to the organization established within the court to exercise collective leadership over judicial work.
1. Composition of the Judicial Committee:
A it consists of the president, the president and senior judges;
B the chairman requests the standing Committee of the people's congress at the corresponding level for appointment and removal.
2. Tasks of the Judicial Committee:
A. The judicial committee summarizes the trial experience and discusses major, difficult or complicated cases and other issues related to the trial work;
B. The judicial committee does not directly hear the case;
C. The decision of the judicial committee on the case: the collegial panel shall implement it, and if there are different opinions, it may suggest the president to submit it for reconsideration.
3 cases submitted to the president's decision and the judicial committee for discussion and decision, if the president thinks it is unnecessary, he may suggest the collegial panel to reconsider.
(1) Difficult, complicated and major cases, which the collegial panel considers difficult to make a decision and it is necessary to submit;
(2) Those who intend to be sentenced to death;
(3) the collegial panel has major differences of opinion on the application of the law;
(4) the procuratorate protested;
(five) have a significant impact on society;
(six) other cases that need to be decided by the judicial committee:
A. Other cases that the collegial panel considers necessary to be submitted;
B. cases that should be submitted as determined by the judicial committee of this court.
Lawyer's tip
The new criminal procedure law stipulates the composition of the trial organization that applies summary procedure to hear cases:
1 A collegial panel may be formed to try those who may be sentenced to fixed-term imprisonment of not more than three years;
If a person may be sentenced to fixed-term imprisonment of more than three years, a collegial panel shall be formed for trial.
Legal link
Chapter 1, Part III of the Criminal Procedure Law: Judicial Organization
Article 178 When trying cases of first instance, the basic people's courts and the intermediate people's courts shall be composed of three judges or a collegiate bench composed of three judges and people's jurors. However, a case tried by a grass-roots people's court through summary procedure may be tried by a single judge.
When the Higher People's Court and the Supreme People's Court try cases of first instance, they shall be composed of three to seven judges or three to seven judges and people's jurors.
People's jurors enjoy the same rights as judges when performing their duties in the people's courts.
When trying cases of appeal and protest, the people's court shall be composed of three to five judges.
The number of members of the collegial panel shall be odd.
The collegial panel shall be presided over by a judge appointed by the president or the president. When the president or the presiding judge participates in the trial of a case, he shall personally serve as the presiding judge.
Article 179 When the collegial panel deliberates, if there are differences of opinion, it shall make a decision according to the opinions of the majority, but the opinions of the minority shall be recorded in the record. The appraisal record shall be signed by the members of the collegial panel.
Article 180 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. The collegial panel shall implement the decision of the judicial committee.
Article 210 When a case is tried by summary procedure, it may be tried by a collegial panel or by a single judge. If the term of imprisonment that may be sentenced exceeds three years, a collegial panel shall be formed for trial.
When a case of public prosecution is tried by summary procedure, the people's procuratorate shall send personnel to appear in court.
Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of People's Republic of China (PRC) [20 12]
Chapter VIII Judicial Organization
Article 175 The presiding judge shall be a judge. Assistant judges are proposed by the president of the court and may temporarily act as judges and serve as presiding judges with the approval of the judicial committee.
Article 176 The trial and deliberation of a case shall be conducted by the same collegial panel. Members of the collegial panel shall independently express their opinions and explain the reasons when deliberating cases. If there are different opinions, the decision should be made according to the majority opinion, but the minority opinion should be recorded in the record. The record of appraisal shall be signed after being examined and confirmed by the members of the collegial panel. The review shall be confidential.
Article 177 A judge tries a case independently according to law and exercises the same functions and powers as the presiding judge.
Article 178 After trial and deliberation, the collegial panel shall make a judgment and ruling in time.
For a case sentenced to death or protested by a people's procuratorate, the collegial panel shall submit it to the president for decision and submit it to the judicial committee for discussion and decision.
If the collegial panel finds it difficult to make a decision on a case, a new type of case, a case with great social impact and other difficult, complicated and important cases, it may request the president to make a decision and submit it to the judicial committee for discussion and decision.
The people's jurors may request the collegial panel to submit the case to the president to decide whether to submit it to the judicial Committee for discussion and decision.
If the president considers it unnecessary to submit it to the judicial committee for discussion and decision, he may suggest that the collegial panel reconsider it.
If the judge thinks it is necessary to hear the case separately, he can also ask the president to decide to submit it to the judicial Committee for discussion and decision.
Article 179 Decisions of a judicial committee shall be executed by a collegial panel and a sole judge; If you have different opinions, you can suggest that the president submit it to the judicial Committee for reconsideration.
Organic Law of People's Republic of China (PRC) People's Court
decision of the standing committee of the national people's congress on improving the people's jury system
Measures for the Administration of People's Jurors in the Supreme People's Court Municipality (for Trial Implementation)
Notice of the Ministry of Justice of the Supreme People's Court on Printing and Distributing the Implementation Opinions on the Selection, Training and Assessment of People's Jurors
Provisions of the Supreme People's Court on the work of collegiate bench of people's courts
Reply of the Supreme People's Court on whether an assistant judge can be a member of the collegial panel and serve as the presiding judge.
Provisions of the Supreme People's Court Municipality on Further Strengthening the Duties of the Collegiate Bench.