Research On The Reform On Rules Of Procedure Of Trial Committee In Criminal Procedure

Trial committee system is a judicial system with Chinese characteristics. After its establishment, trial committee has given full play to the role of collective leadership in avoiding wrong decision and improving quality of settlements of the cases. So it ensures the judicial justice to some extent. The major regulation of trial committee system is in ORGANIC LAW OF THE PEOPLE'S COURTS OF THE PEOPLE'S REPUBLIC OF CHINA, and other regulations are in CRIMINAL PROCEDURE LAW OF PEOPLE'S REPUBLIC OF CHINA ("criminal procedure law"), CIVIL PROCEDURE LAW OF PEOPLE'S REPUBLIC OF CHINA ("civil procedure law"), ADMINISTRATIVE PROCEDURE LAW OF THE PEOPLE'S REPUBLIC OF CHINA ("administrative procedure law") and other related laws as well as judicial interpretations. However, except in criminal procedure law, there is no regulation about the work of trial committee to discuss cases in civil procedure law and administrative procedure law. So we can make the conclusion that trial committee system has the most important effect on criminal procedure.The rules of procedure of trial committee play a key role in the completeness of operation of trial committee system in criminal procedure. It regulates and instructs trial committee system to operate rightly and to achieve judicial justice in criminal procedure. In addition, as an important judicial organization, it is the requirement of democracy and rule of law for trial committee to obey the rules of procedure of trial committee to do its work.According to the improvement of judicial reform, the disadvantages of the rules of procedure of trial committee are more and more clear. It produces some adverse influence on judicial justice in criminal procedure. Trial committee system has gone into a period of reform from 1999. Lots of people's courts have tried judicially practical reform on the rules of procedure of trial committee and got some results. However, because of the limitation of certain reasons, many reformed rules of procedure of trial committee cannot operate appropriately and cannot totally satisfy the requirements of judicial justice in criminal procedure.It is an urgent task and also an important content to reform and perfect the rules of procedure of trial committee in the reform of current system of criminal justice. If it wants to achieve the judicial justice in criminal procedure, the rules of procedure of trial committee should take the judicial justice as direction of basic value and satisfy the requirements of principals of judicial justice in criminal procedure, so that the lawsuit will be settled rightly and the legal right of defendant will be protected well.This article will focus on how to reform the rules of procedure of trial committee in criminal procedure. There are four parts in the article. Part I will introduce the general situation of trial committee system and then explain the specific regulation about the rule of procedure of trial committee in criminal procedure. At the same time, it will also analyzes the responsibility and principal of work, the right and obligation of the member of trial committee, as well as the regular meeting in the rule of procedure of trial committee. Finally, there will be the conclusion that the rule of procedure of trial committee in criminal procedure law is more consistent to the regulation in ORGANIC LAW OF THE PEOPLE'S COURTS OF THE PEOPLE'S REPUBLIC OF CHINA and trial committee system has the most important effect on criminal procedure. This part provides the basic theories for the other parts below.Part II will firstly illustrate the current situation of the work of trial committee to discuss the cases. Further, according to the illustration above, it points out the problems, which the current rule of procedure of trial committee in criminal procedure has. Only get a full understanding of the disadvantage of the rule of procedure of trial committee in criminal procedure, the breakthrough points for reform can be found.Part III will analyze the basic reasons of the problems said in part II. The premise for resolving the problems is to understand the reasons. This part provides theories support to the reform on the rule of procedure of trial committee in criminal procedure in the last part of this article.Based on the three parts above, part IV will bring out the reform on the rule of procedure of trial committee in criminal procedure. This part will firstly introduce the results of the current reform about the rule of procedure of trial committee in criminal procedure and point out the disadvantage of these results. Then this part will indicate that the reform on the rule of procedure of trial committee in criminal procedure should base on the circumstances of criminal justice in China, satisfy the requirements of current law and take the judicial justice in criminal procedure as direction of basic value. Finally, this part will provide certain methods for the reform on the rule of procedure of trial committee in criminal procedure in China.