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Research On Judicial Committee System

Posted on:2011-01-12Degree:MasterType:Thesis
Country:ChinaCandidate:J ChenFull Text:PDF
GTID:2166330332984926Subject:Law
Abstract/Summary:PDF Full Text Request
Judicial Committee System, Which is a uniqne system in China, is one important part of the judicial system, judicial system is unique in China. For a long time,the CRIC in solving difficult cases, summary trial experience,trying cases to ensure the quality of judicial fairness and uniform standards of justice have played an important role, but with the transformation of our economy and society, democracy and legal system acceleration of the process,the Judicial Committee of conflict with the rule of law becomes increasingly obvious, the drawbacks in the judicial practice is increasingly exposed. Rule of law in the long run, abolish the Judicial Committee is no doubt that legal theory and judicial practice which also has a unified understanding. Supreme People's Court in October 2005 from the release of "People's Court Second Five-Year Reform Program" issued in March 2009 with the "People's Court of the Third Five-Year Reform Outline" view, the Supreme Court also recognized the Adjudication Panel there are many defects will be the system, but based on our current political system and social reality considerations, still only make reform decisions. China's Supreme People's Court insisted on maintaining the basis of the Judicial Committee to reform its own considerations, does not mean abolition of the Judicial Committee does not meet the conditions of our country.The author of the Judicial Committee of, not only from the grass-roots courts have long been engaged in the practice I work with emotion, and from the courts in the current system reform. This seriously examine the history of the origin of the system and its basic conditions generated by combining the existing legal provisions of the system and system capabilities,in-depth analysis of the Judicial Committee and the Operations of the difficulties faced by induction and summarize the Judicial Committee continues to this day reasons, combed keep the academic research on the Judicial Committee, to change, waste debate and in-depth analysis, based on theoretical considerations contend with the reality conditions in order to make the abolition of the Judicial Committee should be the choice.Judicial Committee already exists in our country as long as 50 years, after its abolition, and how to avoid the abolition of the Judicial Committee brought not meet? I believe that laws should be based on trial and to ensure the original function to find alternative design of the system of justice. I set up discussion from the center, a large system of collegial panel of judges and scientific management system and other areas to compensate or substitute judicial committee hearing the case after the repeal, quality control and protection functions of the judge so as to ensure the fairness and efficiency of the trial court.
Keywords/Search Tags:Judicial Committee, impartial administration of justice, large full court system
PDF Full Text Request
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