Problems And Solutions:Thinking Of The Judicial Committee System

Judicial committee system is an important part in China’s judicial system and keeps functioning well in safeguarding social justice and ensuring judicial impartiality. However, unreasonable problems come into being and require complement in practice along with the improvement of legal construction in current era. Many experts and scholars have launched a series of discussing and it has aroused general interest in our judicial reform. This purpose of this article is to construct proper reform without violate principles of this system on the basis of our judicial history and current law, so it may play its role in afterwards practice.This article basically follows the order of "what is judicial committee, reform or not, specific measures" and is divided into three chapters.The first chapter is an overview of judicial committee about what it is. Firstly, it starts with the origin of judicial committee system, discusses on its history path (including legal support and practice) to reveal the formation of the system; Then, it comes to today’s reality of judicial committee system in practice by a detailed description of the institutional forms and operation mode to lay the foundation through analyzing the pros and cons.Chapter two is about the necessity of reforming the judicial committee system that whether it needs reform or not. Firstly, it present three different attitudes on the necessity of judicial committee system’ existence. Then, it analyzes the rationality of the existence of judicial committee system, named its institutional profit to prove that it does have value. This article follows by defects in theory and practice through the analysis of the system of judicial committee, pointing out the urgency of reform in judicial committee and needs to draw attention both from jurists and judicial. It concludes that the system of judicial committee should insist the right flag after comprehensive analysisChapter three is the reform approach of the judicial committee system specifying how. Firstly, this paper summarized the practice of the reform of the judicial committee system and e valuates the progress. Then, it discusses author’s idea of this reform, including:defining the goal of this reform, coming up with concrete measures and devices related. The author hopes that these simple advices can make the committee system reform somehow more applicable in the judicial practice.