On The Modes Of Effect Of Meeting Minutes On Judicial Decisions

Meeting minutes are a common form of writing in the work of state organs.In order to standardize judicial discretion,unify the application of laws and guide judicial work,the Supreme People's Court not only issues judicial interpretations and guiding cases,but also makes and issues judicial meeting minutes and other documents.Through the investigation of the judgment documents,it can be seen that both the parties,their lawyers and the judges often use the judicial meeting minutes in the judgment documents.The meeting minutes are widely used in the judicial process and have a substantial impact on the judicial decisions.However,the normative orientation of the meeting minutes itself is still unclear in the academic circle.The nature and status of the minutes of judicial meetings are not clearly defined in our laws.As for the normative nature of meeting minutes,there are mainly three views in the academic circle:one is that the meeting minutes belong to judicial documents,the other is that they belong to documents of judicial interpretation,and the third is that they belong to quasi-judicial interpretation.The practice of the Supreme People's Court is to incorporate the minutes of the meeting into the scope of judicial documents,mainly for the purpose of standardizing and guiding judicial activities.Judicial meeting minutes play a normative,guiding,supplementary and guiding function in judicial practice,and help judges to solve some specific problems in the judicial scene in time,which is favored by most judges.This paper selects the minutes of the bankruptcy trial work meeting of national courts as the analysis object,and through the analysis of the contents of relevant judgment documents,investigates the specific function of the minutes in judicial judgment.From the analysis results,the proportion of the judge directly invoking the minutes of the meeting is higher than that of the parties mentioning the minutes of the meeting,and the minutes of the meeting are mostly used as the support of the appeal and the reasons for the application of law,and less involved in the determination of the facts of the case.Through analysis,it is found that although the relevant laws of our country do not take the minutes of judicial meeting as the official source of law,they actually play the role of judging basis in the judicial process.Meeting minutes have binding force on judicial decisions,and play a certain role of standardization,guidance,supplement and guidance.However,there are also non-standard and non-uniform applications,such as general use and use as the basis of judgment,which damages the standardization of judicial judgment.Abstract of judicial meeting is a temporary normative document made by judicial organs to adapt to social development and change,which has the characteristics of flexibility,timeliness and short-term.The short-term nature of meeting minutes has an impact on the stability of judicial decisions and affects the predictability of judicial decisions of the public.In addition,as the guidance document of the judicial system,the direct object of meeting minutes is the judicial organ,not the judicial process,and the public has insufficient understanding of it.Therefore,there is a deviation between the direct effect of meeting minutes on judicial judgment and the openness of judicial acts.From the point of view of judicators,judicial meeting minutes have the status of informal legal source,but they cannot be the direct basis for drawing judgment conclusions together with laws,regulations and judicial interpretations.The effect of the minutes of the meeting can only be applied by reference,only as the reason of the referee,not directly cited as the referee's basis.At the same time,the minutes of the meeting concerning the guidance of the judicial judgment should be released to the public,so that the public can have a full understanding of the contents of the minutes of the meeting through a convenient way.The minutes of judicial meeting solved some problems in the application of law and judicial work in judicial practice in a short time.Judging from the current needs of judicial work in China,the minutes of judicial meeting will continue to exist for a certain period of time,so the form of minutes of judicial meeting needs to be further standardized.From the perspective of short-term development,the Supreme People's Court should strengthen the formalization of minutes of judicial meeting,formulate strict procedures for the making and release of minutes of judicial meeting and the public system,and stipulate that minutes of judicial meeting should only be used as reasons for judgment and should not be used as a basis for judgment.In the long run,the Supreme People's Court should gradually replace the minutes system with a more normative and stable system,such as providing more professional,standardized and effective guidance for judicial decisions by improving the existing judicial interpretation and case guidance system.