The Theory Of The Judicial Committee System And The Reform Proposals

The judicial commission system of Chinese unique special characteristics, whichhas no precedent in countries adopting Anglo-American Legal System or ContinentalLegal System, was founded on the specific conditions of PRC and the judicialbackground. The system has all the time been playing a positive role in summarizingtrial experiences, resolving significant, difficult cases and guaranteeing the trialquality. Nevertheless, with the development of economic society, the penetration ofConcept of democratic rule of law and the enhancement of citizen consciousness, thefunction and the running mechanism of judicial commission system has not onlyrevealed lots of malpractices, but also contradicted with such laws of procedure as theprinciples of trial by jury alone, public hearing, Rule of avoidance, etc, which hashindered the realization of judicial justice and efficiency, and the prevention ofjudicial corruption. Through a systematic analysis of it, especially the comparison ofadvantages and disadvantages, the reforming of the judicial commission system is ofnecessity without delay. in the mean while We should do rational and systematic studyand judge to decide how to do the judicial commission system reform, the opinionsstaying in its abolition of one-size-fits-all, or the reserved reform, or the abolition andthe reform of court trial level system. The reform of judicial commission systemshould be based on respecting the judicial running law of trial by jury alone andkeeping trial efficiency, in the mean while we should take our basic nationalconditions、judicial reality and the effectual efficiency played by judicial commissionstill in a long term into count. Therefore, the writer thinks that the reform of judicialcommission system should be both to abolish and to reform the court trial levelsystem, that is to say, to annul the judicial commission system for the intermediateand the basic people’s court, otherwise to maintain and reform the one of the higherand the Supreme People’s Court. The content of this paper consist the following fourparts: part1discusses the function of the present judicial commission alienatingincessantly, the irrational organization guaranteeing no trial quality, and the operationirregular and undemocratic through analyzing the function, the property, theorganization and operation of the judicial commission. Part2analyses by comparisonboth advantages and disadvantages of the judicial commission system, drawing aconclusion that the system with less pros and more cons should be reformed thoroughly. Part3, through comparative analysis on current views concerning thejudicial commission system abortion and reform, presents the writer’s opinion ofannulling the judicial commission system for the intermediate and the basic people’scourt, and otherwise maintaining and reforming the one of the higher and the SupremePeople’s Court. Part4presents the point of view to abolish the judicial commissionsystem for the intermediate and the basic people’s court basing on the necessity andfeasibility of its abortion, in the same time, basing on necessity, the presents the viewto keep and reform the judicial commission system for the higher and the SupremePeople’s Court, which includes transforming functions, professionalizing thecomposition, setting up the special committee for the judicial commission, andestablishing the special administrative office.