On The Feasibility Of Abolishing The Judicial Commission System

The establishment of the judicial commission system, a system which has Chinese special characteristics, has its Profound historical background, theoretical background and specific judicial background. No doubt, the judicial commission system plays a very important part in discussing significant, complex, difficult cases and guaranteeing the quality of the cases, but with the advancement of judicial reform and the gradual forming of legal society, a series of malpractices of the judicial commission system have drawn the attention of the theory field and Judicial filed, and they all deeply reflect the function of the judicial commission. Again people begin to reexamine the existence, composition and function of judicial commission, and again the saving or abolishing the judicial commission system has become a focus of people's heated discussion. Meanwhile experts and scholars have different standpoints on it, and raised three main views: "Abolition Theory", "Reform Theory "and "Maintenance Theory ".The current judicial commission system has violated the principle of jurisdiction independence, jurisdiction justice and jurisdiction public. Moreover, there exist malpractices such as the low proficiency of the trial, the poor quality of disposing of cases, the unfairness of law enforcement and even judicial corruption. Therefore, the judicial commission system should be abolished.This paper mainly discusses the following three aspects: Chapter 1 points out the views about whether saving or abolishing the judicial commission system, including the related elaboration of the views about saving or abolishing the judicial commission system and also the value consideration of the rationality of the judicial commission system. Chapter2 enumerates the judicial practice confirmation of abolishing the judicial commission system, which has gradually lost its historical function. It is unnecessary for the judicial commission system to make up the insufficiency of the quality of the local judges. It hinders the realization of judicial economy and affects the independence of judicature. Judging cases by laymen will not always guarantee the quality of judging cases. It also hinders the implementation of the system of investigating the misjudged cases. What's more, it violates the measures of perfecting the judicial mechanism. Chapter3 puts forward the construction of the related systems after abolishing the judicial commission system. In this chapter, several measures will be discussed. For example, professional and elitist judges should be advocated; the interactive mechanism between the elitist judges and other members should be constructed; specialized groups to examine, discuss and consult cases should be established; the legal precedent system with Chinese characteristics should be set up and perfected.