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Investigation On Operation Status Of The Trial Committee

Posted on:2010-06-28Degree:MasterType:Thesis
Country:ChinaCandidate:X J YangFull Text:PDF
GTID:2166360275460514Subject:Law
Abstract/Summary:PDF Full Text Request
The trial committee system is a unique judicial system of our country, it has gone through a long period of development process. Recalling the history of the produce, the changes and the development of the trial committee, its establishment is lack of the support of the litigation theory in the early days, but for the needs of democratic politics and the social reality. Since the establishment of the trial committee in 1951, it has played a very positive role on playing trial function fully and ensuring the quality of the cases during the fifty-odd years. However, with the further development of judicial reform, because of the problems of the system design and operation procedures, the debates on the retention or abolition of the trial committee have not stopped, as a result of the modern judicial philosophy, such as judicial justice, judicial independence, litigation efficiency, etc. Among them, there are a lot of opinions that the trial committee influence the independence of judges and violate the principles of due process, which advocate the abolition of the trial committee. But from a realistic point of view, the trial committee must still have rationality and necessity in reality. In this thesis, empirical analysis methods are used to investigate the composition as well as the operation characteristics of the trial committee. The thesis is in favor of retaining the trial committee, based on which how to reform and improve the trial committee is thought in depth.The thesis is divided into four parts,which amounts to about 20000 characters. The first part and the second part are empirical investigation,the third part and the fourth part are theoretical analysis on the basis of the first and the second part:The first part: the composition of the trial committee. From the aspect of the number of the members, membership, term of office, age of members, academic background of members, investigate the trial committee of the C district court, D district court and the B city middle court.The second part: the operation procedures of the trial committee. Make an investigation on the working office, the starting procedures, the pre-preparation procedures and the proceedings of the trial committee of the C district court and the B city middle court, and emphasize the situation of discussing cases of the trial committee from several angles.The third part: the advantages and disadvantages of the trial committee. At first, the positive role of the trial committee is summarized; Secondly, the main disadvantages of the trial committee are analyzed concretely from the aspect of the membership, the motions, the operation procedures and effects, based on the investigative conclusions, research of theoretical community on the trial committee.The fourth part: the relevant reform proposals. Combining our country's current judicial reality with the investigative analysis and the function and role of the trial committee in the courts'job, to reform and improve the trial committee system in the light of its defects is the core issue at the present ,on the basis of retaining the trial committee. First of all, from the legislative level to make the trial committee fully "legalized and standardized"; Secondly, to adjust the function of the trial committee, limiting its function of discussing cases and strengthening its function of instruction for the trial work; Finally, to reform and improve the composition and the operation procedures of the trial committee more professional, in concerned with its current unreasonable composition and less regulated operation procedures.
Keywords/Search Tags:judicial system, trial organization, the trial committee, judicial reform
PDF Full Text Request
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