Font Size: a A A

China 's Judicial Committee System

Posted on:2007-11-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y RenFull Text:PDF
GTID:2206360185971153Subject:Law
Abstract/Summary:PDF Full Text Request
This paper is divided into three parts, through research methods like historical analysis, value analysis, it analysis the deficiencies of current court trial committee system which is needed to reform, we should change the function of the court judicial committee, establish the professional committee system to replace the court trial committee at grass root courts, it also give advice on selection of members of the present committee and the recommended measures.In the first part of the article, the author first introduced the judicial committee system history. Since new China was founded, in succession to the revolutionary justice system construction experience, we should further develop innovation in learning Soviet Socialist trial system, choose and absorb their reasonable part in process of the committee system was recognized. Secondly, the authors analyzed the causes of the trial committee system. From the political institutional factors, in the light of "Stalin" pattern, we established political structure of state power in a high concentration of power, reflected in the court's internal management mechanisms ,it is collective decision-making, we can see that the court's internal power structure and political system with the same structure and consistency; From the traditional legal and cultural factors, "Law alleged thoughts" traditional culture determines the legal, judicial and administrative integration, executive interference in the administration of justice, which is the prerequisite for the operation of our existing legal system; From the special circumstances, China is at the primary stage of socialism with backward legislation, the court faces a timely summary trial experience to guide the work of the trial, It is therefore very necessary to set up the trial court. The paper concluded ultimately that the function of a judicial committee has two trial functions like to sum up trial experience, discuss major or difficult cases and other issues related.In part II, the author first analysis the main drawbacks of the trial committee system. The administrative organizational model is inherent, because the members of the committee are certain administrative stuff in the court and outside. Treatment, and tendency of more...
Keywords/Search Tags:trial committee, professional trial committee, malpractice analysis, reform suggestion
PDF Full Text Request
Related items