Study On The Reformation Of The Judicial Committee System Of Trial Courts

1 1The Third Plenary Session of the Eighteenth Central Committee put forward the reform of the judicial committee system,perfect the trial judge,the collegial panel handling responsibility system,so that the judge referee,the judge responsible.The Fourth Plenary Session of the Eighth Central Committee further emphasized that the improvement of the trial judge,the joint court responsibility system,the implementation of who is responsible for handling the case.Courts around the country actively carry out the reform of the trial committee model,these practical activities for our study of grassroots court trial committee system reform provides a practical sample.It is helpful for the designers to adjust the existing ideas in order to construct a more scientific trial committee,and to discuss the existing problems in the reform of the reform of the grassroots courts.Operation mechanism,thus driving the reform of the judicial operation mechanism.The sample court's reform of the Judicial Committee focused mainly on how to discuss the improvement of the mechanism of major and difficult cases.Such as the provisions of the trial committee to determine the type and scope of the case,the implementation of part of the trial committee members directly to the case mechanism to protect the litigation rights of the parties,through the professional judge meeting to filter the case,the information submitted to the approval of the case approach and scientific,Voting mechanism to improve the working mechanism,these measures are positive for the reform of the trial committee has achieved some tangible results,reflected in the shortcomings of the members of the professional shortcomings,the effectiveness of the proceedings are guaranteed,the function gradually from the micro-discussion cases to trial management and supervision and other macro-direction changes.However,it is still affected by the institutional obstacles of the institutional mechanism,the existence of the system of reform of the trial committee system is still not in place,not supporting and other issues,mainly reflected in the scientific mechanism of the lack of mechanisms,for example,the absorption of experience is not rich experience of the leadership Cadres in the institutions,the democratic mechanism of the centralized mechanism and the responsibility of the head of the conflict,the scope of self-authorized cases and emphasis on the macro functions of the positioning of the deviation,trial open,avoid the system is not fully implemented,the local government,the higher court to determine theoutcome of the decision Trial separation and difficult to pursue.The reform of the trial committee system at the practical level did not really reach these ills,which led to the essence of this reform is fine in the minutiae and the system space is difficult to break through,so I try to combine the existing theoretical and practical basis to explore the trial committee perfect measures and suggestions for system reform.Based on China's judicial environment and judicial practice,I believe that through the organization,functional positioning,performance supervision and protection and other aspects of the grassroots court of the trial committee to improve.First of all,to clarify the boundaries of trial management,supervision and judicial power,dilute the administrative color,scientific elected committee members,improved assessment methods.Second,we must accurately locate the functions of the judicial committee: both the trial organization,but also the trial supervision and management organization.Clarify the criteria for major and difficult cases and limit the number and scope of cases to complete the focus of the work to the implementation of the trial management functions of the transfer.Once again to implement the trial open,to strengthen the referee document to achieve the main trial of the trial,the rules to avoid the rules to protect the parties to apply for the right to avoid.And finally properly handle the relationship between the judicial committee and the collegial panel,local government,higher court,for the judge to provide a good system of institutional environment and space to promote the judges really enjoy the right to jurisdiction.Finally,the judicial responsibility system as the starting point,improve the performance management and supervision mechanism.Establish a system of misjudgment between the members of the judicial committee and the collegial panel,and effectively solve the problem of the division of duties between the judicial committee and the collegiate panel;properly handle the multiple relations and broaden the reformed braking space so as to achieve the goal of optimizing the operation mechanism of judicial power.