Retropection And Reconsideration On The Reform Of The Election Of The Presiding Judge

China's reform on the election system of presiding judge has been implemented for 5 years. Comments on the reform differ. The mainsteam in Academic circle holds that its legality is doubtful for its violation on current stipulations on the collegial system. However, in practical circle, especially judges support the reform, believing that the reform helps to improve the quality of the judge team, put the collegial panel's role in full play, ensure judicial justice and enhance judging efficiency. The author argues as follows: Although it is possible that Election Regulation on Presiding Judge stipulated by Supreme Court somewhat surpasses its interpretation right, Supreme Court's action is acceptable as long as the reform can reach the expected goal of judical efficiency and fairness. For we are aware that China is in the transition period and its legislature lags behind.. Therefore, negative views are not persuasive enough to remove the reform. More importance should be attached to the views of the practical circle since these views are from judicial practice and emperical. As a result, the author does field work in a basic court and studies reports on election reform by two Intermediate the People's Courts, and concludes that no convicing evidence show that the reform has reached its expected goal. Based on the conclusion, the author does theoritic study on the failure of the reform and hopes his work will be helpful to the court reform in future.