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Some Thoughts On The Reform And Improvement Of The System Of Judicial Committee

Posted on:2016-09-05Degree:MasterType:Thesis
Country:ChinaCandidate:T ZhaoFull Text:PDF
GTID:2206330461967549Subject:Procedural Law
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The judicial committee system is a unique system of justice. From born to now, it has always played an important role in the field of justice of the different periods. But with the gradual deepening of the concept of procedural justice,gradual improvement of procedural law, and the deepening of the judicial practice, jud icial committee System,which is the order of procedure, has naturally become the important content of the reformation of the judicial system.In order to reform and improve the judicial committee system, we must firstly grasp the nature of the judicial com mittee system.Only in this way, can the judicial function and intrinsic defect s of the judicial comm ittee system be in-depth and detailed analysis, summary. On this basi s, through the construc tion of a full-time organization, it will improve the e fficiency of the judic ial committee. Meanwhile, from the perspective of the basic functions of judicial power, drawing the jury system of common law, the co llegial panel and th e judicial committee jointly exercise of jurisdiction, namely the fact that the collegial panel has the right to ascertain the facts, and the jud icial committee has the right to apply law. In order to achieve a fair judicial,whatever they all have made the case to trial as foundation treatment. To this end, the thesis is divided into three chapters:The first chapter deals with the general theory of of the judicial committee. From perspectives of the judicial comm ittee of the history, consisting of staf f, powers of office to fulfill, procedure to try the case,the judicial committee is analyzed. And as a basis, its comprehensive nature has been explored.The second chapter analyzes the status quo of the operation of the judicial committee system. By the analysis of tw o cases, the judicial Comm ittee have many drawbacks.The biggest one is lack of th e minimum impartiality,when the judicial committee is trying the case.The third chapter is about the refor mation and im provement of the judicial committee system.By improving the operational mechanism,defining terms of powers of office, and judicializing the procedure to try the case,the judicial committee will be efficient and effective,when it’s in the exercise of executive power;and impartial,when in the exercise of judicial powers.
Keywords/Search Tags:Judicial Committee System Re formation and Im provement Judicialization
PDF Full Text Request
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