Investigation Report On The Operation Of Criminal Professional Judges' Conference

Under the background of continuous strengthening of the judicial reform,as a judicial aid system in the reform of operational mechanism of sound judicial power,the reform of professional judge conference has drawn more and more attention.The criminal professional judge conference is the conference advisory body of the criminal division in the court.At present,there is no uniform law to stipulate it.In judicial practice,due to the non-uniform function of the conference,the prominently administrative phenomenon,formal tendency,excessive randomness and other outstanding issues,the embodiment of system value is seriously affected.How to realize the connection between criminal professional judge conference and the judicial committee,function to solve difficult problems and filter the judicial committee in discussing the cases,meet the goal of reforming the judicial responsibility system such as "The judge is adjudicatory and the adjudicator is responsible",and cooperate with the gradual realization of the reform of the specified number of judges,the author believes that the legal status of the conference should be clarified,the boundary of administrative power within the court should be divided strictly,the functions of the conference should be repositioned,the implementation details of the conference should be formulated reasonably,and the relative supporting measures for the conference should be implemented to promote the reform of the operating mechanism of judicial power.In addition to the introduction and conclusion,the paper is divided into four parts: the evolution of professional judge conference,the actual investigation of criminal professional judge conference,the realistic problems and reasons of criminal professional judge conference,and the method to perfect criminal professional judge conference.There are approximately 26,000 words.The first part is the evolution of professional judge conference.Broadly speaking,professional judge conference is based on "Joint Meeting of Chief Judge".In 2002,joint meeting of chief judge began to try in Xiamen Siming District Court and Chengdu High-tech Zone Court,which achieved certain results.On this basis,Beijing Chaoyang District Court officially promulgated The Rules of the Judges' Conference System to formally establish this system in 2006.Due to the lack of judicial experience and level,the professional judge conference was suspended.On the contrary,the judicial committee gradually alienated inpractice and became the tool for the court to discuss the case,the court leadership to decide the case and the means for some judges of avoiding responsibility.The Third Plenary Session of the 18 th CPC Central Committee opened the prelude to a new round of judicial reform in2013.The reform of the operating mechanism of judicial power is an important part of this round of judicial reform.Removal of the administration in the operation of judicial power is the goal of operating mechanism of judicial power reform.Under the background of the gradual maturity of the judiciary,professional judge conference conforms to the law of judicial reform and starts to promote throughout the country,which became the key point for the transformation of the judicial committee.The second part is the realistic investigation of criminal professional judge conference.The author combines the investigated implementation details of professional judge conference promulgated by the C City J District Court,S City B District Court,Z City Intermediate People's Court and some of the meeting materials,to analyse the functional orientation,the discussion types of cases,the meeting Start-up process,the composition of participants,the discussion scope of the case,meeting rules of procedure,the views adopted and the actual operation effectiveness of the current criminal professional judge conference.Wishing to maximumly present the actual operation of criminal professional judges meeting.The third part is analysis of the actual problems and reasons of criminal professional judge conference.Criminal professional judge conference is still in the stage of exploration of practical reform.In the background of the top designers only making its principle,the district court needs to develop the implementation details according to the needs.At present,the start mode,personnel composition and the rules of procedure for criminal professional judges meetings show a clear administrative color.In some meetings,the number of participants is too small and the meeting presents a certain formal orientation.The scope of discussion of the meeting is ambiguous,transcripts are not fully demonstrated,the meeting held and the record is too casual.The above problems are caused by external environmental factors and internal institutional factors.The reasons of the external environment: First of all,the legal status is not clear;secondly,under the influence of the long-term administration of justice mode,it is difficult to completely shake off its administrative color.The reasons of the internal system:The author believes that the primary reason is that the top decision-makers in the reform don't reasonably position the conference functions and there are many unreasonable points in the implementation of the conference.At the same time,the relative supporting measures are notcomplete.The fourth part is the train of thought to perfect the criminal professional judge conference.Due to its inherent defects and many problems in practice,the value embodiment of the criminal professional judge conference has been seriously affected.The author believes that it is imperative to perfect the criminal professional judge conference.First,the legal status of the conference should be clarified,a normative legal basis should be provided for the conference.The second is to strictly divide the boundary of administrative power within the court.The judge should be given a true dominant position,strictly limit the boundary of the administrative power within the court to prevent the president of the court from using the power to intervene in judicial decisions.The third is to reposition the meeting function.The purposes of meeting are advising for difficult cases and filtering the case discussed by judicial committee.The fourth is to make a reasonable implementation rules of the conference.The internal system of the professional judge conference should be improved from the following aspects: adjusting the composition of the conference staff,limiting the scope of the meeting,regulating the rules of procedure of the meeting,and ensuring the reference of the meeting results.The fifth is to implement the meeting relative supporting measures.The relative supporting measures should be implemented in terms of setting up a mechanism for marking the entire meeting,improving the pre-meeting preparation procedure,setting up a post-meeting summary mechanism,establishing a system for examining judges participating in the meeting,and strengthening the supervision power of the court president on the meeting so as to ensure a sound operation of the meeting.