The Responsibility Orientation And The Reform Conception Of The Judicial Committee

Judicial committee system is one of the characteristics of the Chinese court system, which play a positive role to judicial practice in its development. However, with the rapid development of the law in our country and the accelerating market economy, with the responsibilities of existing judicial committee is not very clear, resulting in "sentenced without trial" phenomenon have occurred,contrary to now the principles of justice. This realm of theory and practice have given the close attention to judicial committee system of the deposit, waste, change.Third Plenary Session of the 18 th CPC proposed to the requirements of the reform of the judicial committee system, improve the presiding judge, the collegial panel case responsibility system, so that the trial judge and responsible for it.Supreme People's Court promulgated the five fourth year reform program of the people's court also made clear that the reform measures of the judicial committee system has been planned. Through the history and current situation of the trial committee system were analyzed, and points out the disadvantages, and follow the principle that those who judge the case, who responsible for it, proposed direction of change of the function of the trial committee, and then construct related system on the foundation of the transformation of its duties.This paper include four parts except the introduction and conclusion :The first part, reviewed the history of the judicial committee system. This part expounds the development process and the main responsibilities of the judicial committee from the various stages of its birth, and analyzes its causes and the value of its.The second part, analyzed the problems existing in the current judicial committee. Mainly includes the vacancy and defects exist in the legislation that lead to the functions of the judicial committee of the alienation, discuss of the scope of cases is obscure; "trial separation" handling mode easily lead to judicial injustice; organization administrative strong colors; operating system lack of perfect supervision mechanism and other aspects.The third part is about the position of the judicial committee's responsibilities. First, discuss the function of the case. Abolition the power of judicial committee to decide the case, its discussion of the results of the case for the collegiate bench has only a reference, and not have to perform the effectiveness. The Liability of cases by the full court or the trial judge in charge. the focus of the trial committee should be transferred to the function of the summary trial experience. In the end, it is the function of guiding the trial work, focusing on the construction of the trial culture and the trial management, strengthening the work exchange between the outside and the inside of the court.The fourth part is based on the reform of the judicial committee duties and the corresponding reform measures. Mainly include establishing and perfecting the judicial committee for discussion and cases in advance and filtering mechanism, complete judicial committee's working rules of discuss the case, the optimization of the organizational structure of the judicial committee, established the case supervision mechanism that members of the judicial committee discussed.In conclusion, the Judicial Committee will eventually be canceled With the continuous progress of judicial reform,But it still has existence value at present, the best choice is reform it,so as to adapt to the current judicial reform?This paper points out the Judicial Committee defects,And to propose reform measures,let it To better adapt to the trend of judicial reform.