Research On The Rational Functional Orientation Of Judicial Committee Under The Background Of Judicial Reform

The system of Judicial Committee is a unique judicial system in China.The system was created under the specific historical conditions and judicial environment in China.Its production has certain social and cultural reasons,and the political and institutional factors,traditional culture,legal factors and other socio-cultural factors.The system has been produced and used up to now.The trial committee system has always played an active role in the summary of trial experience,the resolution of major difficult cases,and the guarantee of trial quality.However,with the improvement of the people's awareness of the rule of law,it exposed many drawbacks in terms of legal nature,organizational structure,function positioning,and operational procedures.At present,academic research on the Judicial Committee focuses on the two aspects of “storage and waste” and “reform model design”.With the continuous deepening of the judicial reform,the Supreme People's Court's reform of the Judicial Review Commission system has been clarified in relevant documents on judicial reform.The attitude and focus on regulating the operational procedures of the Judicial Committee,but the existing normative documents are only some of the principle provisions and did not propose specific solutions to the hot issues and drawbacks ofthe Judicial Committee system.At the same time,the academic circles have many opinions on the reform model of the trial committee system,but they still do not have a unified view.This article will put aside the issue of the “ preservation and abolishment” of the trial committee system,focus on the operational mechanism of the trial committee in the context of judicial reform,and use the positioning of the function of the adjudication committee as an entry point to explore the basic path for improving the judicial enforcement mechanism of judicial rules in China.It can be clarified that the proper positioning of the functions of the Judicial Committee is of utmost importance in this round of judicial reform.Through historical analysis,this paper analyzes the role of the judicial committee in China's rudiment,formation,establishment,development and reform of the trial committee system and reveals its development trend.Through consulting a large number of domestic documents on the adjudication committee system,the main contents and reform status of the adjudication committee system in China are clearly defined and understood.At the same time,using the value analysis method to analyze the series of value conflicts that may arise in the process of selecting the functions of the trial committee,analyzing various power allocations,relationships,and scope of authority from the perspective of necessity and inevitability.The research idea of this article is based on the historical investigation of the function evolution of China's judicial committee and analyzes the process of the development of the judicial committee's functions.Based on this,it studies and analyzes the original intention of establishing the trial committee and analyzes whether the current status of the trial committee under the background of judicial reform is in line with the establishment of the trial committee.The original intention of the trial and the regular operation of the trial activities.Based on the analysis of the difficulties of the current function of the trial committee,analyze the causes of the problem.Under the premise of exploring the original positioning of the function of the judicial committee and analyzing the functional alienation of the judicial committee,the functions of the judicial committee under the background of judicial reform were explored.Judging from the function orientation of the JudicialCommittee,it discusses the path selection of the function of the Judicial Committee in order to be able to give certain guidance to judicial practice.In the first part,the judicial committee system is a unique judicial system in China.The trial committee is the highest judicial organ in China.It plays an active role in the summary of trial experience,the resolution of major cases,and the quality of trials.This part mainly examines the evolution of the function of our country's judicial committee,uses the historical research method to deeply analyze the reasons for the formation of our country's judicial committee system,and makes clear the reasonable reasons for the existence of the trial committee system.At the same time,on the basis of reviewing the historical evolution of the Judicial Committee system,the functions of the Judicial Committee at each historical stage are summarized to provide a historical basis for the repositioning of the functions of the Judicial Committee.In the second part,judicial practice,the judicial committee system has guaranteed judicial fairness to some extent.However,with the continuous advancement of judicial reform,the conflict between the traditional mode of operation of judicial committees and the value orientation of judicial power reforms has become increasingly prominent.In order to scientifically position the functions of judicial committees and give full play to the functional role of judicial committees,this chapter will explore on the basis of the establishment of the original intention of the adjudication committee system,it analyzes the operational difficulties of the existing functions of the adjudication committee.In the third part,the existing laws and regulations of our country are more principled,general,and abstract to the functions of the judicial committee,which has caused problems such as the alienation of functions in the actual operation of the trial committee.This chapter mainly analyzes the various legal attributes and operational mechanisms of the Judicial Committee and analyzes the original orientation and dissimilation process of the Judicial Committee's functions.Based on this,it repositions the functions of the Judicial Committee under the background of judicial reform.In the fourth part,the promotion of the macro-guidance function of the Judicial Committee needs to solve the obstacles in the process of the individual trial function of the Judicial Committee,and then reform the Judicial Committee.In this chapter,through combing the reform of the practice of China's judicial committee system at the present stage,it analyzes the reform process and characteristics of the trial courts of various local courts,aims to better play the role of the trial committee,overcome the problems existing in the judicial review of trial committees and strengthen the trial committees.The macro-guidance function carries out reforms on the trial committee in two aspects.