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A Study On Trial Committee System

Posted on:2013-09-12Degree:MasterType:Thesis
Country:ChinaCandidate:R GuoFull Text:PDF
GTID:2246330395958901Subject:Law
Abstract/Summary:PDF Full Text Request
Trial groups refer to the contract organizational form, the carrier of judicialpowers, representing the court to exercise judicial authority and having impartialjuridical social responsibility on its shoulder. Because of difference in tradition andjudicatory, the performance forms of trial groups in different countries are various; inChina organizational forms of judging cases for the court are divided into three ways:allow appointment system, collegial system and trial committee. Among them trialcommittee is set within People’s Court; the difficult, complicated and serious caseshard to be decided by collegiate bench will be submitted by collegiate bench afterpermission of president and dealt with by group discussion. Although trial committeenever host or participate trial activities directly, because it owns the final decision forthe so-called serious or difficult cases as well as the implementation of terminaldecision of the cases, trial committee becomes the supreme trial groups of courts ofdifferent levels actually.The establishment of trial committee system of People’s Court, as a special trialsystem with Chinese characteristics, has propounded historical background,theoretical background and special judicial background. Since1951, especially beforemid-1980s, the unsound period of laws and procedure, our courts of different levelsgave full play to the advantages of group leading by form of trial committee, as wellas in summarizing judicial experience, guiding trial work, judging difficult,complicated and serious cases to avoid misjudged cases and ensure the quality ofcases which to some degree guaranteed judicial fairness and therefore people neverdoubt about the rationality. Around1990s, with the deepening of trial methods’reform as well as the growth of socialist market economy, society with rule of lawcame into being gradually; public had increasingly high demand for judicial level ofPeople’s Court, the problems no matter in organizational form, function location andworking routine appearing, development situation lagging behind modern judicialconcept and ill-adapted to the need to develop impartial and efficient trials. Thedownsides deviating from the original intention of trial committee system aroused wide attention within theory circle and practical circle, discussion carried on thereform of trial committee. People’s Court tried to discuss the problem on how toreform trial committee during the process of booting trial ways. In recent years, withthe demand on judicial reform increasing, a whole system of judicial reform ofPeople’s Court was carried out. The trial committee system expressing thesignificance in trials suffered much criticism and skepticism, and the revolution oftrial committee became one of the focuses judicial circle and law theory circleinevitably.At present many problems exist in the system design and practical operation oftrial committee system, which makes it hart for trial committee system to realizeexpectant effect. This problem has aroused the attention of many scholars withintheory circle and judicial circle, but according to the author, till now there aren’t anymonographs on trial committee systems being published. Many scholars beganexploration on trial committee system in succession, but from the study result, amongmost regulative analysis, we lack investigation of experience. Any phenomenal resulthas profounded social origin and real social background, putting forward suggestionon revolution without thinking of real restraint always working behind closed doors.Therefore only by thorough practical investigation and analysis can we compensatethe limits brought by regulative research technique.Because of non-public nature of trial committee meeting, it is mysterious formany people. From the beginning of2008to2011, the working period in the trialcommittee office, the author deepens the recognition of trial committee. In this essay,author put forward the problems existing in practical judicial procedure of trialcommittee system and ideas on how to perfect the problems on the base of currentlaws, regulations, basic theory combined with judicial practice, beginning from thecurrent situation of implementation of trial committee system; talk about thecomprehension on reform of trial committee system on the base of inherits, serving asa modest spur to induce someone to come forward with his valuable contributions.
Keywords/Search Tags:Trial Committee, Judicial, Court
PDF Full Text Request
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