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What is the collegiate system?
Refers to the trial organization form of the people's court, that is, a collegial panel composed of more than three judges is responsible for the trial work and the cases undertaken. Collegiate system is a system of collective trial of cases. The collegiate bench formed according to the principle of collegiate bench system is the basic organizational form of people's courts to hear cases, and it is the concrete application of the principle of democratic centralism in trial work. The rights of members of the collegial panel are equal; All important issues in the investigation, trial, judgment and trial of a case must be studied by all members of the collegial panel and decided according to the principle that the minority is subordinate to the majority. The specific way of collegiate system is different in the first-instance procedure and the second-instance procedure. The Civil Procedure Law stipulates that when a people's court tries a civil case of first instance, a collegial panel shall be composed of judges and jurors, or a judge shall be the judge. The number of members of the collegial panel must be odd. In trying civil cases of second instance, the people's court consists of a collegial panel of judges. The number of members of the collegial panel must be odd. In the procedure of first instance, all people's courts, intermediate, advanced and even the Supreme People's Court should form a collegial panel. There are two forms of collegiate bench: one is composed of judges, that is, all members of collegiate bench are judges, excluding jurors; The second is a collegial panel composed of judges and jurors. Jurors and judges form a collegiate bench. Jurors, as members of the collegial panel, enjoy the same rights and obligations as judges in the whole trial process. People's jurors have the right to review all the case materials, participate in case investigation, hold court hearings and participate in case evaluation during the execution of jury tasks in the people's courts, and have the obligation to handle cases impartially. Whether there are jurors or not, the number of members of the collegial panel must be odd. In the procedure of second instance, a collegial panel must be formed. All members of the collegial panel are composed of judges, and jurors are not allowed to participate. The number of collegiate panels of second instance must also be odd. When trying an appeal case, the people's court of second instance finds that the facts of the judgment of first instance are wrong, or that the facts of the original judgment are unclear and the evidence is insufficient, or that the original judgment violates legal procedures, which may affect the correct judgment of the case, it may make a ruling to revoke the original judgment and send it back to the people's court that originally tried the case for retrial. For a case remanded for retrial, the people's court that originally tried it shall form a collegial panel in accordance with the procedure of first instance. The members of the collegial panel who tried the original case cannot participate in the newly formed collegial panel, nor can they apply the summary procedure alone. For a case retried in accordance with the procedure of trial supervision, the members of the collegial panel shall be determined according to the trial level of the original trial. It turned out to be the first instance, and a collegial panel was formed separately according to the procedure of the first instance; If it belongs to the second instance, a collegial panel shall be formed separately in accordance with the procedure of second instance. Neither the people's court of first instance nor the people's court of second instance can be tried by the original collegiate bench, nor can the members who participated in the collegiate bench participate in the newly formed collegiate bench. The presiding judge of the collegial panel shall be the president or a judge designated by the president; If the president or the president participates in the trial, the president or the president shall serve as the judge. The collegial panel shall follow the principle that the minority is subordinate to the majority when deliberating cases. The review shall be recorded and signed by the members of the collegial panel. Different opinions in appraisal must be truthfully recorded. Members of the collegial panel shall handle cases impartially according to law, and shall not accept guests and gifts from the parties or their agents ad litem. For corruption, bribery, favoritism, perverting the law, legal responsibility shall be investigated according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.