Research On The Reform Of China's Judicial Organization System

Exercising of power is inseparable from the protection of organization; the administration of justice is no exception. Judicial organization is the efficient functioning of judicial power, carrier and an important guarantee. At present, China's ongoing judicial reform, judicial organization is the proper meaning. Because there is no scientific and rational organization of the trial, there is no fair and efficient judicial activities, it is difficult to make the parties give rise to convince the judicial authority. Generally speaking, the Court, although it is to have jurisdiction over the national judicial institutions, but the trial of specific cases of activities must be by a judge or other judges of the organization responsible for conducting the trial according to law. In accordance with the prevailing view of legal scholars, the Chinese Court of organization into three categories:single Renting, the Full Court and the judicial committee. Single Renting as a judicial organization is composed of a professional judge, the right to be tried for simple cases. Full Court is established in accordance with the principles of the trial collegial principle responsible for the vast majority of cases of the trials. Renting and the Full court are in exercising of their functions, have to be in court this particular time and space within, that is to maintain the form of trial. Because of this, which is designed to regulate the activities of court proceedings principles such as open trial, direct the hearing, the trial focused, language debate and the equality of both defense and prosecution against the other, should be in the sole Renting and activities of the full court to be implemented. Renting and the full court with the sole difference is that the Judicial Committee in accordance with the so-called principle of democratic centralism within the courts at all levels of an organization set up trials of its functions is to sum up experiences, discuss important or difficult cases and other issues related to trial. As the Judicial Committee has the cases for discussion and decision-making powers, although it does not host or participate in court, but the actual bear the judicial functions exercised jurisdiction. Therefore, the study on the reform of judicial organization system has become an important direction of the criminal proceedings. Be based on the viewpoint of criminal justice, the author propose the road to reform of china's judicial organization system, which is the author's study subject.The author is starting from the concept of the trial organization, and then make a brief description of the trial organization in developed countries and its conditions of existence, focusing on China's current judicial organization outlines the main problems, thus in accordance with relevant theory and practice, the author propose the idea and suggestions of reforming and improving of China's judicial organization system.