Research On The System Of Council Of Judges

The reform of the judicial responsibility system requires the realization of "let the judges judge and let the judges take responsibility".After truly returning power to judges and collegiate benches,most courts across the country have begun to explore the establishment of one of its supporting mechanisms,the judge conference system.In practice,the function of the judges' conference is not clear,the core bill functions are weakened,the discussion rules are biased,and there are more cases to discuss the facts leading to the study and discussion of low-quality cases.The Supreme People's Court issued the "About the Perfection of the People's Court" at the end of 2018.The Guiding Opinions of the Working Mechanism of the Presiding Judges(Trial)(hereinafter referred to as the "Opinions")is committed to reconstructing the trial supervision and management responsibilities of the courts and presidents on the basis of guaranteeing the returning judges and collegiate benches,and improving the internal Power operation mechanism,implement judicial responsibility system.However,in the "Opinions",the value of the presiding judge meeting is more inclined to the value of trial supervision,which conflicts with the positioning of judge meetings in practice,which also leads to the possibility that the specific provisions in the "Opinions" cannot be used to solve problems in practice.Therefore,from the perspective of judicial responsibility system,this paper analyzes the operation mechanism of trial power and trial supervision power in the trial judges' meeting,finds the advantages and disadvantages in the Opinions,and puts forward suggestions for improvement.This article starts from the "30th National Symposium of the National Court of Justice" on the status of the judges' meetings and the questionnaires of the judges,and summarizes the judicial practice in the form of data charts.The main reasons affecting judges to use the system are the cumbersome procedures and meetings.The effects of untimely convening,weakening of substantive functions and administrative factors.Compare and analyze the provisions in the "Opinions" with the above issues,and explore the improvement,neglect and breakthroughs of the "Opinions" on the problems in the practice of judges.Then,from the perspective of judicial responsibility,analyze the impact of the power operation mode of trial supervision and "reconsideration right" stipulated in the Opinions on the trial judge's meeting.Finally,it is proposed that by canceling the "right of reconsideration" in the presiding judge meeting to establish a strict case transfer procedure,improving the operating procedures of the presiding judge meeting,clarifying the duties of trial supervision and trial management,and establishing a "single channel" with the trial committee And other methods to improve the operation of the trial judge system.