Font Size: a A A

Research On The Status Quo And Improvement Of The Performance Of The Trial Committee Of The Basic People's Court

Posted on:2017-05-03Degree:MasterType:Thesis
Country:ChinaCandidate:J Y ShiFull Text:PDF
GTID:2356330485996999Subject:Law
Abstract/Summary:PDF Full Text Request
The system of Judicial Committee is a Chinese featured one within the whole framework of China's court system.In recent years,the law-governing environment gradually improves with the amendment of procedural law and the reform of judicial system,and disadvantages of Judicial Committee system is appearing.Many challenges are raised opposing the aim,the function and the operational ways of Judicial Committee system.Academic voices to reform or abolish Judicial Committee is booming.The Third Plenary Session of the 18 th Central Committee of CPC issued the guiding program for judicial reform,which promotes judicial system to make people feel equality and justice.The establishment of the socialist system of laws with Chinese characteristics guarantees the protections of judicial rights of Chinese people.The continuous dissemination of knowledge of the law increases people's awareness of law and provides solid subjective and objective conditions for people's requirements for judicial equality and justice.However,Judicial Committee,as the highest internal judicial organization within court,has its problems of responsibility vacancy and offside.So it becomes necessary to improve the operations of Judicial Committee.And since people's courts at the basic level are the majority both in terms of the numbers of judges and the cases and remain at the forefront of contacting the agents,it is particularly crucial and essential to conduct an investigation of Judicial Committees within the people's courts at the basic level.With a case study of Judicial Committee in L county,this study examines its composition and operation within the last three years.By analyzing its operation of this Judicial Committee,it is found that Judicial Committees at basic level are in preference to individual cases,but pay less attention to the summarization of judicial experience and the operation of administrative judicial function.It is also found that it malfunctions to coordinate relationships and protect the judges' decomposition of pressure.And such malfunctions are nationwide universal in people's courts at the basic level.It is argued that the main reason for these malfunctions lies in that the composition of judicial committees has an administrative tendency,which blocks its role as the highest judicial organization to solve law problems.Judicial Committee at basic level does not establish special committee or judicial officials,which makes its work unsustainable and inconsistent and thus reaches into a situation in which individual cases are topics for discussion.To improve its operation and administrative structure,it is suggested that 1)top-notch backbones and experts should be enrolled as special advisory organization;2)its function to summarize judicial experience should be strengthened and its function to improve judicial administration should be improved as well so that judicial committee can work in a cooperative and coordinative way to discuss cases,administrate the judicial process,and summarize judicial experience.On this basis,the judicial committee can work with a consistent yardstick to judge the new cases and brings in consistent verdict for all similar cases.
Keywords/Search Tags:Judicial reform, Judicial committee in People's courts, reform of functions
PDF Full Text Request
Related items