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The present Provision has been formulated on the basis of the Organization Law of the People's Court of the People's Republic of China (PRC), the Criminal Procedure Law of the PRC, the Civil Procedure Law of the PRC, the Administrative Procedure Law of the PRC and other relevant laws, and according to the judicial practice of the people's courts to further regulate the work procedure and improve the functionality of collegiate panels. Article 1. When the people's courts hear cases in the first instance by collegiate panels, the panels should be composed of judges or judges and the people's jurors. When the people's courts hear cases in the second instance or other cases that should be tried by collegiate panels, the panels should be composed of judges. During the performance of the people's courts, the people's jurors have the same right and obligation as judges except that they cannot act as presiding judge. Article 2. The presiding judge of a collegiate panel should be a judge that is qualified for the position of presiding judge. When the president of the court or the head of a tribunal participates in collegiate panel trial, they should act as the presiding judge. Article 3. Once the members are fixed, they should not be changed during the trial except that they cannot continue to participate in the trial due to withdrawal or other special conditions. The change of a collegiate panel member shall be submitted to the president of the court or the head of the tribunal for decision. The parties concerned in the case shall be notified the change of collegiate members. Article 4. The trial of the collegiate panel shall be presided over by the presiding judge, and all the members equally participate in the trial, deliberation, judgment, and be collectively responsible for the cognizance of facts and application of law. Article 5. The collegiate panel shall take the following responsibilities: (1) Making decisions on property preservation, evidence preservation, advance execution and so on according to the request of the parties concerned or the specific conditions of the cases; (2) Making decisions on the issues such as entrusted evaluation or entrusted verification; (3) Trying cases at first, second instance and rehearing cases according to law; (4) Deliberating cases; (5) Requesting the president of the court to decide whether to submit a case to judicial committee for discussion; (6) Making decisions or providing opinions on cases and relevant procedural issues within their power; (7) Making written verdicts; (8) Executing the decisions made by the judicial committee; and (9) Handling other issues related to the trial. Article 6. The presiding judge shall perform the following duties: (1) Directing and arranging judicial auxiliary staff to make pretrial mediations, pretrial preparations and other judicial auxiliary work; (2) Determining trial plans, trial outlines, coordinating work assignment of the collegiate panel and other necessary preparation work; (3) Presiding over trial activities; (4) Presiding over the deliberation of the collegiate panel; (5) Requesting the president of the court to submit the cases to judicial committee to discuss according to relevant regulations; (6) Making written verdicts, examining the written verdicts made by other members of the collegiate panel; (7) Issuing legal verdicts within the power limit; (8) Presiding over the reconsideration of cases by the collegiate panel according to the suggestion of the president of the court or the tribunal; (9) Being responsible for he collegiate pane's observation of time limit; and (10) Handling other issues relating to the trial. Article 7. After accepting cases, the collegiate panel shall determine an undertaking judge or the presiding judge determines an undertaking judge according to relevant regulations. Article 8. During the trial of cases, the collegiate members shall strictly perform their legal responsibilities, observe the requirement of judicial protocol promulgated in ˇ°Basic rules for the professional ethics of judges of PRCˇ±. Article 9. The collegiate panel shall deliberate cases within 5 working days after court hearing. Article 10. When the collegiate panel deliberates cases, the undertaking judge shall provide opinions on the affirmation of facts, whether an evidence is concrete and sufficient, and on the application of laws, then the presiding judge gives opinions in the end. If the presiding judge acts as undertaking judge, the presiding judge shall make a final statement. When deliberating the decision of cases, the presiding judge shall make a final statement. The presiding judge shall summarize the conclusive opinions of the collegiate panel according to the deliberation result. When deliberating cases, the collegiate members shall be serious and responsible, state their opinions sufficiently, independently exercising their voting right, and shall not refuse to give opinions or only make simple yes or no statements. If accepting other's opinion, the member shall also provide basis of facts and laws and make analysis. The vote on deliberation result of the collegiate members can be made in words. Article 11. When deliberating, if there is divergence among the collegiate members, the decision shall be made according to the majority's opinions, but the minority's opinions shall be put into the written transcript. The deliberation record shall be made by the clerk and signed by the members of the collegiate panel. Article 12. The collegiate panel shall make judgments or decisions on the cases in good time if consensus or majority opinion has been reached within the legal power limit. However, in any of the following circumstances, the collegiate panel shall request the president of the court to decide whether they shall be submitted to the judicial committee for discussion: (1) Sentence to death penalty; (2) Difficult, complicated, major or new cases, and the collegiate panel believes it necessary to submit to the judicial committee for deliberation; (3) There is major divergence concerning law application; (4) Other cases that the collegiate panel believes it is necessary to request the judicial committee to discuss, or the cases that the judicial committee of the court determines deems necessary to be discussed by the judicial committee. Article 13. If the collegiate panel disagrees with the decision of the judicial committee, it may request the president of the court to submit the case to the judicial committee to deliberate. Article 14. The collegiate panel shall make written verdicts within 5 working days after the conclusion of deliberation or decision is made by the judicial committee. Article 15. The written verdicts should generally be made by the presiding judge or undertaking judge. But if the presiding judge or undertaking judge has obvious disagreement with the collegiate conclusion of deliberation or judicial committee's decisions, the written verdicts may also be made by other members of the collegiate panel. The collegiate members shall collectively examine the written verdicts and put their signatures on it if there are no mistakes. Article 16. The president of the court or head of the tribunal may examine the conclusion of deliberation of the collegiate panel or written verdicts, but shall not change the deliberation result of the collegiate panel. Article 17. When the president of the court or the head of the tribunal examines the conclusion of deliberation and written verdicts of the collegiate panel, if they have disagreement on the conclusion of deliberation, they may suggest that the collegiate panel reconsider it and at the same time provide written opinions on the involved issues and reasons. After the collegiate panel's reconsideration, if the head of the tribunal still has disagreement, he may submit the case to the president of the court for examination. The president may submit to the judicial committee for decision. Article 18. The collegiate panel shall strictly execute relevant provisions on the time limit for hearing. If, under special conditions, the time limit needs to be extended, the collegiate panel shall, according to relevant provisions, submit for approval before the expiration of the time limit. |
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