Collegial Panel

Biodata

Organization and Responsibilities

The Collegial Panel is not a single permanent group with fixed members. Different cases have different panels, and an existing panel can be replaced under specified procedures 78 112 313.

• Presiding judge: Leads the hearing, invites the other members’ views during deliberations, and announces the panel’s determinations in court 192 274.
• Other panel members: Evaluate evidence and legal arguments, propose findings, and challenge one another’s reasoning. Their views do not always agree 192 261 274.
• Senior appointments: Courts assign vice presidents and criminal-division chiefs to particularly significant cases. Cao Chuan’s panel includes the chiefs of the First and Second Criminal Law Divisions 130 443.
• Case preparation: Members review evidence before hearings and may form preliminary views, which courtroom arguments can force them to reconsider 192 299.
• Deliberation: Panels adjourn to discussion rooms to resolve disputed legal classifications, evidentiary questions, civil compensation, and sentencing 46 170 274 386.
• Limits of responsibility: Peng Guangliang distinguishes adjudication from case acceptance, stating that accepting a case is the case-filing division’s responsibility rather than the panel’s 336.
• Judicial Committee consultation: After discussing Wang Wenyuan’s potential death sentence, Lü Penghui prepares to present the matter to the court president and Judicial Committee 386.

Recusal, Replacement, and Accountability

Recusal

• Parties are asked whether they object to the judicial personnel or wish to request recusal. Du Linmu explains that a request can be made when a party believes the applicable conditions are met 141.
• A request can target the entire panel. Su Bai does this during Qin Xiaofeng’s retrial after alleging prohibited conduct by He Hui 112.
• Su Bai also challenges who has authority to decide a recusal request, invoking Article 31 after Zhou Qiangsheng initially rejects his application 112.
• Requests concerning prosecutors can become a dispute before the panel. In Jiang Wei’s case, Shen Yao’s panel rejects the requested recusal of Xu Bo after consulting the chief procurator 308.

Replacement and Review

• Article 3 of the Supreme People’s Court’s Provisions on the Work of Collegial Panels of People’s Courts is cited as generally restricting replacement of panel members. In special circumstances, replacement can be requested from the president or chief judge 313.
• Parties must be notified when a panel’s membership changes 313.
• Panel members can face supervisory investigation over their conduct. He Hui, Zhou Qiangsheng, and Zhang Guangquan are investigated following Qin Xiaofeng’s retrial; the judges involved in Fang Rufeng’s case are also directed to undergo review 116 328.
• Individual positions during deliberations carry consequences. Song Yuanhui challenges Shi Jiaming to formally take responsibility for his proposed ruling, prompting Shi to withdraw it 192.

Major Proceedings

Qin Xiaofeng Retrial

The original retrial panel consists of Presiding Judge Zhou Qiangsheng, He Hui, and Zhang Guangquan. Su Bai requests all three members’ recusal, submitting a recording of He Hui contacting Chu Lei about whether he had retained a law firm. After Zhou rejects the request, Su Bai challenges the panel’s authority to decide it 112.

The original judicial personnel are subsequently disqualified. Yu Caixia, Jin Yufang, and Wang Chuanjie form the replacement panel, and none of the parties requests their recusal 114.

Following the death-sentence verdict, Su Bai requests review of irregularities in the evidence. Investigators take He Hui away over prohibited contact with a litigation party, while Zhou Qiangsheng and Zhang Guangquan also come under investigation. The Supreme People’s Court later approves Qin Xiaofeng’s death sentence, and authorities announce findings against the judicial personnel and others involved 116 117.

Zhang Dahu’s Civil Case and Qian Wei’s Trial

Qian Wei, Zhu Yuanfang, and Xie Mingyan hear Chen Meixia’s claim against Zhang Dahu. During deliberations, Qian persuades the other members to impose liability using a high-probability assessment despite incomplete evidence. Zhang is ordered to pay 400,000 yuan, litigation costs, and attorney’s fees; Su Bai then takes him to the procuratorial review department 166.

A separate panel of Ren Yuandong, Yin Wenhui, and Tang Lin later hears Qian Wei’s case. During recess, they agree that he applied the wrong legal provisions in Zhang Dahu’s judgment, while leaving sentencing for further consideration 170.

Chen Bin’s Criminal Intent

Song Yuanhui, Shi Jiaming, and Meng Hao initially approach Chen Bin’s case as intentional homicide. Su Bai objects that Chen’s earlier thoughts of killing do not establish his intent when he acted to protect his mother, prompting a recess 191 192.

In deliberations, Meng Hao supports reconsidering the case through justifiable self-defense. Shi Jiaming initially urges the panel to follow its earlier position, citing the casualties and Chen’s admission, but retreats when Song asks him to take formal responsibility for that recommendation. The resumed hearing gives the prosecution an opportunity to answer the defense’s argument 192.

Jiang Wei’s Retrial

At the Pingyuan Provincial High Court, Shen Yao, Li Xiangqian, and Ma Da hear Jiang Wei’s case. Su Bai repeatedly requests prosecutor Xu Bo’s recusal. Li recognizes procedural irregularities during deliberations, while Ma opposes recusal and suggests removing Su Bai if he continues protesting. Shen ultimately rejects the request, citing Xu Bo’s familiarity with the case 307 308.

The court president later requires a replacement panel. Public pressure, Feng Lijian’s connections, and the Supreme People’s Procuratorate’s involvement contribute to the change. With both the panel and prosecutor replaced, the court acquits Jiang Wei and revokes his earlier judgments. He receives 2.93 million yuan in compensation for thirteen years of imprisonment 312 313.

Fang Rufeng’s Case

During deliberations, a male panel member objects to a colleague’s reliance on personal feelings and warns that all three members could face disciplinary consequences. He supports acquittal, pointing to the Supreme People’s Procuratorate’s guidance concerning the first-instance case 327.

Fang Rufeng is acquitted and released in court, while Xie Tingting and her lawyer Xu Xia are investigated over fabricated evidence. After the appellant requests supervisory review of judicial bias, the presiding judge is instructed to attend with the other two panel members 328.

Other Documented Panels and Decisions