On The Judicial Committee System

The judicial independence and justice are the ultimate goal that mankind's judicial civilization to pursue, all the judicial systems that are odds with them will be canceled, modified or perfected. The trial committee as an important part of the judicial systems has experienced fierce striking too the courts of judicial civilization evolution. Comparing with its advantages and defects, analysing all kinds of opinions and to think deeply its destiny trend are have to becoming the mission of era. Abolishing of the trial committee system, it seems to overpass the national surroundings in the time being. Only notice the western systems advantages, as a judicial resource to continually keep up with the trial committee system, a great deal of rejects reveal quite reasonable too. So to consider enough realistic national conditions and carry on the relative judicial and political reform could create the condition that cancel the trial committee. So that reform not only has certain forms, but also attain the anticipated purpose. In addition, to lay aside the systematic idea and contrast between east and west purely, supports or rejects are all of no avail. In a word, under the national conditions of now, following the relevant judicial system are made out, the judicial committee will be abolished gradually.The full text divides into eight parts.The first part, introduction. Through the concern to the focus problem of the judicial reform, draw out the theme of this essay.The second part to demonstrate briefly the nature, function, forming and operation of the trial committee.The third part, the history of the trial committee. This part review the development of court system about liberation ago and new china, meanwhile, describe the birth and gradual progress of the trial system, in order to enlarge people's under standing sphere.The fourth part, the positive appraisal for the trial committee system. Thispart summarized the trial committee system's positive function and promoting the justice from the origin of the trial committee to now, particularly in the present national surroundings, that is the summary about its rationality.The fifth part, the defects of the trial committee. This part expounds the trial committee's: potential and shown defects in theory and practice from five aspects, the trial committee influences the judicial independence by main depriving judge's independent jurisdiction, to destruct the justice of the procedure, violate such as open trial, direct words, collegiate system, according etcs basic lawsuit principle, at the same time, as further deep demonstration, the author propose the trial committee cant ensured to realize justice too. And paid much attention to cast study and neglected the summary of trial experience too during actual operation. At last, author hints the trial committee's contradiction in the course of civilization conflicts on the angle of comparison with east and west.The sixth part, the theoretical disputes of canceling and keeping the trial committee. Author has summarized three kinds of views that the trial committee's destiny, respectively pointed out their advantages and defects, written the analysis and appraisal from ultimate goal of the judicial reform. The seventh part, the destiny and trend of the trial committee system under the realistic national conditions. The trial committee is not only a simple problem to cancel or preserve, at last author points out that key factor of the trial committee's reform is lying in judge's system's reform, and author has designed the judicial process of this reform.The eighth part, conclude the speech. Summarize full texts, point out that carry on judge's identity system reform, set up to the judge trial system independently, make the relation between party and judicial authority ,then the agenda of canceling the trial committee will be brought forth.