On Reform Of Functions Of The Adjudicatory Committee In Criminal Procedures

A combination of the system of adjudicatory committee and criminal procedures is characteristic of our country's criminal trials. Ever since the foundation of the system of adjudicatory committee, courts at different levels have heavily depended on it in terms of the guidance of trials and judgment of puzzled and complicated major cases. However, whether in the practical realm or academic field, opinions vary as to the functions of adjudicatory committee. At the present time, the modern idea of criminal justice has influenced people's thoughts about litigation, with the justice of procedures being greatly concerned, and the system of adjudicatory committee has become high agenda of the judicial reform, particularly of the reform of the adjudicatory committee. In an overall way, the present adjudicatory committee is the result of history with its distinctive historical background and traditional elements. It has many drawbacks, namely, contrast of the principles of litigation procedures, the administration orientation of its crew makeup, malfunction of the committee as well as its vulnerability to corruption, which wreaks havoc on justice and undermines our country's criminal justice system.The real bone of contention of the function of adjudicatory committee has always been the problem of whether it has the right to give a verdict, which will be the first step of its reform. Judicial powers should be a unity of the right to judge a legal case and the right to give a verdict, with the former the premise of the latter and the latter the key point of the former. The practice of only judging a legal case or only giving a verdict in the present system undoubtedly cuts off these two aspects.By reflecting on the past and the status quo of the adjudicatory committee as well as different problems it is confronted with against the present idea of criminal justice, this paper expounds on the drawbacks of adjudicatory committee in criminal litigations both theoretically and practically. It draws such conclusions that the present adjudicatory committee should be reformed as a professional guiding and consultative body as well as a special procedure adjudicatory body with its right of giving a verdict being abolished, in the hope that it will be conducive to the reform of the country's adjudicatory committee. Besides, this paper also gives an account of the present reform of our country's adjudicatory committee as well as its practical implications.