A Study On Reform Of Judicial Committee

The judicial committee, rooted in the inheritance of traditional Chinese politics, economy, history and culture, is a system with Chinese characteristics; it appeared in the 1930 s when the Chinese were pursuing for national independence and liberation; during the eighty years, it has developed and improved to make contributions to the legal system development and guarantee of legitimate right. However, the system has its own deficiencies in design and its highlighted administrative centralization mode, violation of relevant principles and systems and its conflict with modern concept of legal government are criticized by the experts and scholars. Existence is reasonable and thus such system will exist in China for a long time based on the national conditions and be functional in summarizing trial experience and studying complex cases.Facing the problems of existing judicial committee system in organization and member, function orientation and service regulations and its conflicts with legal principles, it is suggested that bold and resolute reform should be done. For the problems in organization and member, the office of judicial committee should be built, the selection mechanism should be established, the personnel structure should be optimized, the “official orientation” should be abolished, the council of judges and personnel allocation should be added; for the problems in function orientation, the function of summarizing trial experience should be intensified, the scope of cases should be controlled strictly and the case studying quantity should be reduced; for the problems in service regulations, the institutional norm should be improved and the working process should be optimized. In terms of the judicial committee's conflicts with rules for open judge, principle of direct trial, evading principle and principle of power and responsibility integration, it is suggested that they should be implemented.It is hoped that this thesis will make humble contributions to the reform of judicial committee through studying the favorable factors that the central government pays high attention to rule by law, the acceleration of judicial reform and the reform of judicial committee in some superior and intermediate courts.The reform of judicial committee is a systematic project and thus affects the whole body. It is an arduous task with heavy responsibility. Based on the limited knowledge, the author advances the above superficial opinions, hoping for comments.