A case originally of second instance shall BE tried denovo by a newly organized collegiate BEnch in accordance with the procedure of second instance. 原来是第二审的或者是上级人民法院提审的,按照第二审程序另行组成合议庭。
The peoples 'court shall rule to cancel the award if the existence of one of the circumstances prescribed in the preceding clause is confirmed by its collegiate bench. 人民法院经组成合议庭审查核实裁决有前款规定情形之一的,应当裁定撤销。
The second part analyzed operation of collegiate bench and judicial committee, and their impact on judicial independence. 第二部分分析了我国现有的审判组织合议庭、审判委员会的运行情况及对审判独立的影响。
A Reflection of Functional Deficiency of the Review and Voting System of Collegiate Bench 我国合议庭评议表决制度功能缺失之省思
The stage of deliberation of collegiate bench is the one during which the case is discussed and a decision is made after the court is adjourned. 合议庭评议阶段是指从裁判者退庭评议到宣判期间对案件进行讨论和作出决定的阶段。
In civil cases of second instance in the people's court, justice is administered by a collegiate bench made up of judges. 最高法庭的司法审判权超越地方法院的裁定。人民法院审理第二审民事案件,由审判员组成合议庭。
The people's court shall form another collegiate bench when hearing a retrial case. 人民法院审理再审案件,应当另行组成合议庭。
A case originally of first instance shall be tried de novo by a newly organized collegiate bench in accordance with the procedure of first instance, Audit was a sitting of the council in Exchequer. 审理再审案件,原来是第一审的,按照第一审程序另行组成合议庭,审议是该会议在财政部的一次例令。
Defendant Yang Lu volunteered to plead guilty, according to recommendations of this court, this court formed a collegiate bench, determined to simplify the applicable criminal ordinary procedure, and tried the case in public hearing. 因被告人杨璐自愿认罪,根据本院建议,本院依法组成合议庭,决定简化适用刑事普通裎序,公开开庭审理了本案。
Mediation by the people's court may be presided over by a judge or a collegiate bench, and it shall be conducted on the spot as far as possible. 人民法院进行调解,可以由审判员一人主持,也可以由合议庭主持,并尽可能就地进行。
The minutes of the deliberation shall be made and signed by all members of the collegiate bench. Differing opinions must be recorded accurately. 评议应当制作笔录,由合议庭成员签名。评议中的不同意见,必须如实记入笔录。
The principle of the minority being subordinate to the majority is followed in the deliberation of the collegiate bench. 合议庭评议案件,实行少数服从多数的原则。
Defects of Collegiate Bench System and Its Improvement: Analysis Based on Theory of Decision-making 我国合议制裁判的缺陷及其完善&基于决策理论的分析
The collegiate bench believed that thanks the surname man on-line to mislead other people blatantly to the Ma Yingjiu family crime, already created the harm risk to the security order; 合议庭认为,谢姓男子在网上公然煽惑他人对马英九家庭犯罪,已经对安全秩序造成危害之虞;
The author firstly advocates that the pursuit of objective reality of trial facts, display of spirit of law and interaction of judicial power are the inherent function of setting up collegiate bench. 文章首先认为追求裁判事实的客观化和体现法律的精神,以及审判权的相互制约,是设置合议庭的内在机理和功能所在;
However in the judicial practice, panel discussion operation system often deviates the legislation original intention, some cases does not discuss totally, the collegiate bench normally is disturbed by the inside and outside factor, which affects its function and comes out many questions. 然而在司法实践中,合议制的运作常偏离立法本意,出现了合而不议、合议庭受内外因素干扰难以正常发挥功能等不少问题,合议制度面临挑战。
Meanwhile, the key aspects in the reform of trial forms are to strengthen the duty of collegiate bench, letting judges take the full responsibility to try a case. 同时,审判方式改革的主要侧重点就是强化合议庭或独任庭的职责,让法官真正承担起审理案件的责任。
A Discussion on Henan General History On the Collegiate Bench System 《河南通史》评议论合议庭制度
On the Function of Collegiate Bench's Deliberating Cases System 论合议庭评议案件制度的功能
On the Collegiate Bench System 论合议庭制度
People's jurors system needs to be perfected by perfecting the production process of people's jurors, optimizing the structure of jurors, increasing the number of jurors of a collegiate bench and strengthening the management and training of people's jurors. 应该完善人民陪审员的产生过程,优化陪审员的结构,增加参加合议庭的陪审员人数,加强人民陪审员的管理和培训,从而完善人民陪审制。
The collegiate bench hearing most civil cases in accordance with the current legislative regulations. 依照我国现行立法规定,大部分的民事案件由合议庭进行审理。
The way of form of criminal court refers to the staff selection of the specific cases in the collegiate bench or independent judge, such as the selection of the presiding judge or other members of collegiate bench. 刑事法庭组成方式是指具体案件的合议庭或独任庭组成人员的产生方式,如审判长是通过什么方式产生的,其他合议庭成员是通过什么方式产生的。
Secondly, guarantee the collegiate bench trail essentially: ( 1) grasp the location of the chief judge correctly. 其次,在保障合议庭走出形合实独困境方面:(1)正确把握审判长定位。
Also because of the collegiate bench trial system of administrative case, the administrative litigation system sets access barriers and larger system selection risk for citizens when they resort to the court. 不仅如此,行政诉讼制度本身也因其合议制的普通程序在适用上的绝对性而为行政相对人诉诸法院以保护其合法权益设置了准入障碍与较大的制度选择风险。
The regulations of the collegiate bench appraisal has been abandoned, as well as its width and depth is not enough. 评议规则粗糙,评议内容的广度和深度不够。
In view of this, we ought to Clear the collegiate bench system function and value based on its legislative background, and analysis the existing problems Comprehensively before Implementing related reform. 有鉴于此,应当在考察相关制度立法背景并对合议制度功能与价值取向的准确定位的基础上,综合分析现行合议制度在实践运行中存在的问题,统筹推进完善我国合议庭运行机制的相关改革。
The case undertaker should be located the "agent" or "trustee" of the collegiate bench, while changing its responsibility, abolishing the system of distribution and operation, and the system of the checking, which centralizes on the case undertaker. 笔者认为应将案件承办人的角色定位于合议庭的代理人或受托人,转变案件承办人的职责,并相应废止现行以承办人为核心的案件分配与操作机制以及考核机制。
The collegiate bench appraisal is not only the continuation of the court hearing but also the premise of the judgment. 合议庭评议既是庭审的自然延续,又是裁判结论形成的前提和基础。