Empirical Survey On Operation Of Trial Team Under The Background Of Judicial Reform

In order to establish the judicial power operation mode in conformance with the law of legal system,improve the accountability system in trial,China has always actively studied to promote the establishment of trial teams in the pilot reform of judicial power operation mechanism,with an aim to realize “the judge who hears shall make the judgement and be held responsible for the judgement”.At present,neither the Judges Laws of the People's Republic of China nor the Law of the People's Republic of China on the Organization of the People's Courts gives the concept or scope of duty of the judge assistant,and the current civil procedural law only specifies evidence exchange in count as the preparation work before trial.As no independent pre-trial preparation procedures are available in the civil action system,the role of judge assistants in the trial team is constrained,which affects the operation of trial team in turn.As a presiding judge,the author has worked for one and a half years in the pilot reform.On the basis of pilot reform,this paper tries to analyze the issues emerging in the establishment and operation of trial team in the current judicial reform background,and propose proper suggestions for improvement of trial teams based on the practices in China and experiences from other countries.