On Abolishment Of Judicial Committee

Judicial committee is one of the characteristics of judicial system in our country, it was started in the new democracy revolution period, and was set up in new China as well as developed in the reform and opening. This system has playing an important role in our judicial practice since it was established. However, with the establishment and perfection of the market economy system in our country, the acceleration of legal system, and the strengthening of modern justice theories, the shortcomings of this system is becoming more and more distinct. Judicial committee system which violates the judicial rule mechanism seriously falls away the law of judicial independence, public trial, judicial experience, judicial fairness and judicial efficiency, which does not correspond to the current reform. This paper is taking a grass root court of one province's backward district in central area of our country as the analyzed angle, and from the origin and development of judicial committee system, scanning the history evolution and development track of this system earnestly, as well as by ideological inspection to the establishment of the system, analyzed deeply the difficulties and embarrassment of judicial committee in practice in our country, then concluded the reasons of malfunction of the system, so it comes to the necessity and reality of abolishing the judicial committee system.How to construct the scientific working mechanism of modern civil trial according to judicial rules if the judicial committee system is abolished? From the point of constructing scientific judge management system, grave complicated case judicial system and the reform of the re-try system, the author puts forward the judge management system of the strict judge's post-holding, judge's assessment and judge's reprimand, the cognizance system of the complex case trail system and the new re-try system through re-try legal, abolishment of the start-up dependent on authority and re-try decided by discussion of collegial bench in order to insure the justness and efficiency of the court through the establishment and advance of these systems, criterion guidance after the abolishment of judicial committee system and guard on the case cognizance and quality.The significance of the research on the abolishment of judicial committee system is not just for the abolishment of the system, but through the exploration can reach the goals as follows:Firstly, the exploration of the judicial committee system is the necessity of correct understanding of judicial law. Only those judicial systems which tally with the judgment law has vital force. Secondly, the exploration of the system is the necessity of pushing the reform of judicial organization. The development of the society and the variance of economy system cry for the judgment system which suit them.Thirdly, the exploration of the system is the necessity of correctly setting up justice ideas. Setting up modern justice ideas is the key of right justice.Fourthly, the exploration of the system is the necessity of insuring justness and efficiency.