Judicial Committee Reserves The Theory

The people's court trial committee system is a socialist judicial system with Chinese characteristics, and it is an important part of the people's court for judgment within the organization for collective leadership work. In the process of the rule of law in our country modernization, especially in summarize the trial experience, instruct the trial, discusses major difficult cases, strengthen the trial surveillance, it plays an irreplaceable role. However, as the judicial reform deeply, and the citizen's democracy and the rule of law to enhance awareness of, some disadvantages which by law and practice, the widely questioned abolishing the howls of judicial committee becomes ever increasingly fervent. The author thinks that we should keep a rational view on trial committee system, on the one hand, trail committee is suitable to China's national conditions, with Chinese characteristics, the existing trial organization rationality and necessity, it can't aggressively to be abolished; On the other hand, we also should recognize the judiciary committee system does have some problems, it need to be reformed.This paper briefly introduced of the judicial committee historical origin and realistic existence in the first part. First connection with special historical period foreign influence and domestic background, this paper introduces the history and judicial committee set up original intention, made a necessary background. Then covering the nature of the judicial committee, composition, and function, the author thinks that trial committee for judgment should be a qualitative organization, but not a court internal administrative leadership, nor a consultation institutions and regulatory agencies; And then points out the deficiencies of the judicial committee composed; Summarizes the judiciary committee's functions:entity non-lawsuit trial function, the leading function, decided to activities of judicial supervision functions and evade function and so on. And demonstrating the judiciary committee in guaranteeing judicial standard unified, ensure handling mass quality; Prevent judicial corruption, safeguard judicial justice; Against external pressure, safeguard judicial independence; On the judicial supervision, reveal fairness and justice, etc the important role. Through the above time can enough narrative, of the judicial committee has a more comprehensive description and introduction.The second part analyzes the judiciary committee in judicial reform, their great situation highlights the malpractices of and irrationality, and based on this judicial committee introduced about abolishing debate are introduced, and judicial committee system to argue that "negativity" and "support theory" and "reform theory" of the main representatives, each claims views and its reason, and in its views and reason to review and reflection.The third part according to its actual conditions and the unique Chinese judicial environment of our country, then keep the judicial committee system. The detail again rationality and necessity, demonstrates, the depth discusses the Chinese judicial committee, pointing out the judicial functions of the judicial committee system, especially the defendant or the victim of criminal cases, demonstrates the favorable aspects to the strengthening of judicial decisions judicial committee public identity, safeguard judicial authority roles. Points out the current period in China, due to set up the judicial environment judicial committee historical conditions still exist, keep trial committee is reasonable inevitable choice.Finally, the people's court with three outline for five years, and puts forward the reform of the judicial committee continue to retain the route choice. On the one hand, further defined function of the judicial committee of the judicial committee of gravity, realize the functions and duties limited reserves. On the other hand, proposed reform and improve the system of judicial committee Suggestions and measures, such as optimal trial committee component members of the realization of "to the administrative"; Set judgment professional committee; Strictly the scope of judicial committee discuss cases, clear the judicial committee discuss major of complicated cases judgment standard; The judicial committee and implement improvement withdrawal system, etc. So in the wave of judicial reform, the judiciary committee can more fit China's judicial requirement, in the construction of rule of law of society is playing a more and more important role which cannot be replaced.