Research On The Reform Of The Case Discussion Function Of The Adjudication Committee

The judicial committee system is a unique judicial system in China.The judicial committee is the highest judicial organization within the people's court,and it assumes the functions of macro guidance and case discussion.For a long time,the trial committee has played an active role in summarizing trial experience and discussing and determining major matters in trial work.However,its case discussion function has always been at the cusp of controversy in the theoretical and practical circles.At present,the debate in the jurisprudence on the case discussion function of the Judiciary Committee is mainly about save and abolish.The main focus of the academic field on the existence or abolition of the case discussion function is whether the case discussion procedure violates the principles of judicial trials and whether the scope of the case is too broad,whether it is consistent with the requirements of judicial justice,and whether it hinders the improvement of judicial efficiency.At the same time,in terms of the reform path,the Supreme People's Court's attitude on reforming the case discussion function of the Judiciary Committee can be clarified in relevant documents,while the current reform document only clarifies the principles and does not provide cases on the Judiciary Committee.Discuss solutions to the root cause of the function.The academic circles have many opinions on the reform mode of the case discussion function of the trial committee,but have not yet formed a unified view.This paper will focus on analyzing the problems of the case discussion function of the trial committee through a combination of theory and empirical methods,and explore the basic path to improve the case discussion function of the trial committee in the context of judicial reform.Through historical analysis,this article analyzes the emergence,development,and reform of the case discussion function of China's judicial committee,reveals its development trend,and studies and analyzes the original intention of the case discussion function of the judicial committee.Data,to clarify and understand the main issues of the case discussion function of our judicial committee,such as the scope of the case and the rules of procedure;through empirical materials and data statistics,specifically analyze the reasons for the formation of the problem,and analyze the reasons why the case discussion process of the judicial committee does not conform to the general rules of the operation of the judicial activity;Combining the perspectives of reform,it discusses the transition and positioning of the case discussion function of the judicial committee in the context of judicial reform.Through the case discussion process,the main tone of the transition from the meeting mode to the trial mode is to improve specific operating rules and systems.It is hoped that it can provide certain reform proposals for the reform and development of the case discussion function of the Judicial Committee,and give better play to the role of its supreme judicial organization.