The Reflection And Improvement Of The Basic Court Adjudication Committee System

Judicial committee system is the judicial system under the socialist legal system with Chinese characteristics,it is unique,both in the implementation of common law countries or the implementation of civil law countries have no precedent.It plays the leading role in the collectivetrial practice,andis the irreplaceable to the process of realizing democracy.However,with the rapid development of the society and the changes of the internal and external environment of the court,with the further deepening of the judicial system reform,all kinds of malpractices are becoming more and more obvious in the judicial practice,which leads a questioned torture to the design of the judicial committee system inside and outside the system.In order to better adapt to the rapid social development,the Supreme People's Court has released the "reform and improve the people's court judicial committee system implementation" in 2010,which means the beginning of the reform of the judicial committee system.However,there was few effect of the reform of the judicial committee system because of many kinds of difficulty,especially in the grass-roots courts.Although all localities and all levels of the court from different angles,a breakthrough in the reform of the Committee system,whether these practices could really solve the practical problems in the operation of the committee system,how to find a reforming model more in line with the real judicial context is still worthy of our reflection and exploration.Especially in the forefront of dispute settlement,80%of the national trial of the number of cases of grass-roots courts,the Committee has to bear the practical effect of the actual operation and the difficulties encountered in the difficult problem is beyond our imagination.How to proceed from the actual operation of the grass-roots court committee to review,and to optimize the reconstruction,has important practical significance.This paper divides into five parts,not including the conclusion:Part ?:Overview of the trial committee.The first part briefly summarizes the history,the foundation and the piucess of the trial committee system of our country.The second section briefly expounds the system of the Committee under the context of the socialist legal system,which has played a unique and important role in promoting judicial justice and ensuring the efficient operation of China's judicial cause.The second part:the plight of the trial:the grass-roots courts in China the actual situation of the Committee of the empirical analysis.The first section from the grass-roots trial committee at this stage to discuss the number of cases increasing year by year,the case of the type of imbalance in terms of the second section of the imbalance in terms of institutional functions,unable to devote more attention to trial supervision and guidance work,Summed up the trial experience;the third quarter from the start to run ineffective.In the existing structure of the Committee,the composition of the Committee is still with a very strong administrative color,full-time members in the composition of the Committee is a very low proportion,can not fundamentally reverse the Committee The composition of the increasingly inclined administrative trend.As a result of the high level of professional legal activities in the judicial practice,the members of the Committee have no way to fully grasp all kinds of legal problems,and the members of these special committees have the responsibility to discuss and decide the people.Commercial,criminal,administrative and other types of cases of different types of major responsibility to the case for the collegial panel of "professional" business checks,is fundamentally out of the real,too "Utopia" design,and has not been scientific proof.The third part:the value of interpretation:Judicial committee is an indispensable part of in our judicial system,its premise to reforem is toaccurate the value orientation of the judicial committee system in China,the core work is analysethe the function of the trial committee.Part IV:the concept of amendments:to re-shape the role of the grass-roots court adjudication committee.Although the trial committee system in the actual trial practice there are various drawbacks,the industry insight to the trial committee system is also a broad debate on the rationality of the debate,abolished the idea of a violent collision,but after years of contention,the vast majority of people have been Realize that the consideration of the committee system should return from the publicity of judicial value to the rational choice of reality.Combined with China's current national conditions,the direction of the reform of the judicial committee system neither weakened nor canceled,the key to identify the location,the normal operation.Part five:Institutional improvement:the exploration of the reform of the trial committee of grass-roots courts.There are seven aspects:to optimize the appointment and removal of the members.of the Committee;the establishment of the professional committee of the Committee system;set the Standing Committee of the CRIC;strict CR Committee case submitted to the discussion of the conditions;standardize the case review procedures;Rules of the Rules of Procedure of the Council;strengthen the operation of the supervision mechanism of the CRIC.