Study On The Conference System Of Professional Judges

The conference of professional judges is an informal advisory body within the court which is composed mainly of judges and devoted to providing intellectual support for judges.It was born from the judicial practice at the grassroots level in China.With the continuous development of the modernization of the rule of law,it has been recognized and promoted by the supreme people's court.In recent years,in almost every wave of judicial reform,it has been mentioned as a necessary judicial system.From the point of view of improving the accuracy of judicature and enhancing the justice and efficiency of judicature,it is necessary for us to study this judicatory system with Chinese characteristics.First of all,in order to accurately grasp the trend of the development of the system,we need to conduct in-depth research on the past of the system.From the perspective of legal history,it can be found that professional judges have gone through four stages: the embryonic stage,the silent stage,the development and settlement stage and the standard development stage.By studying its theoretical origin,it can be found that the expert consultation method,the group decision support system theory and the cultural tradition of collectivism can provide theoretical support to it.By exploring the similar system,we can find that it has some similarities and some differences with the judicial conference in Taiwan,the amicus curiae system in the United States,and the collegial panel and judicial committee in China.The comparative analysis of these systems can help us to take the essence and discard the dross for better system construction.Secondly,from the perspective of system function,we need to explore the value of professional judge conference as a judicial system.It can be found that the system has the functions of consulting and resolving doubts for judges,unifying the application of laws,filtering cases of the judicial committee,strengthening judicial supervision and facilitating the reform of "de-administration".By repositioning the functions of the professional judge conference,it is clear that it should take legal consultation as the core function and unify the application of law and filter the cases of the judicial committee as the auxiliary function.Third,only from the practice,to better practice.Through the investigation and analysis of the sample courts,it can be found that the current system has many defects in the system direction,personnel composition,rules of procedure,supporting mechanism,etc.,which makes the judges' meeting fail to give full play to the system mission and system value.Finally,we cannot choose our path wisely without knowing where it will lead.Through above,the system function and implementation of professional judge meeting status quo,on the specific system to perfect measures,the need to build professional knowledge oriented organization structure,set up scientific attributes of the procedural matters before the meeting,make to the town of rules of procedure,refinement of instant feedback after the meeting,and summarizes the mechanism and carry out the appropriate rewards and punishments work mechanism and regulation in place.I hope that through more integration of theory and practice,the professional judge conference system will continue to improve and play a more active role in the construction of the rule of law in China.