The Implementation Of Professional Judge Conference System In Baotou

Professional Judges Conference refers to the trial advisory body that discusses and puts forward opinions on the facts or legal issues of major,difficult and complicated cases or new types encountered by the collegial panel or the sole judge in the trial on the premise of ensuring the collegial panel’s independent exercise of judicial power according to law.The professional judge conference system in China originated from the Supreme People’s Court’s2013 Pilot Program on Reform of the Operation Mechanism of Judicial Power(Fa [2013] No.227),which clearly stipulated that some cases could be submitted to and convened by professional judge conferences.Due to the time of the establishment of the professional judges conference system later,and not in the laws such as organic law of the people’s court to professional judges confirmed meeting system,was established in the opinion of the system and macro regulation,the courts at all levels in the implementation of the system are based on their court,made the detailed rules for the implementation of the different As a result,the operation of the system in judicial practice is relatively chaotic.Scholars’ research on this system is less and mainly focuses on the function,problems and suggestions of the professional judge conference system.Therefore,this paper,by investigating the operation status of the professional judge conference system of the two-level people’s court in Baotou City,finds out its existing problems and puts forward relevant suggestions,which has important theoretical significance and application value for promoting China’s judicial reform and guiding the standardized implementation and effective operation of the judge conference system.In this paper,the text analysis method is used to sort out the relevant research literature of the professional judge conference system at home and abroad,read the relevant normative documents of the professional judge conference issued by the people’s courts at all levels,and summarize the nature,function and positioning of the professional judge conference system.By applying the method of field investigation,participate in Baotou city intermediate people’s court to undertake professional judge meeting system research of the topic,to visit Baotou each court exchanges,and experience in interviews and questionnaire survey,and the judge described the Baotou professional judge meeting system running condition,analyzes the system running the experience,the existence question and its reason;By using the comparative analysis method,this paper studies the system similar to the professional judge conference system in foreign countries,in order to provide reference for improving the professional judge conference system in China.To this end,the structure of the paper is as follows: The first part is the introduction,mainly including the research background and significance,research content and methods,domestic and foreign relevant system literature review and innovation points of this paper;The second part is the determination of the basic problems of the professional judge conference system.The third part is the investigation of the operation of the professional judge conference system of Baotou two-level people’s court.The fourth part is the experience,problems and reasons of the operation of the professional judge conference system of the two-level people’s court in Baotou City.The fifth part is the countermeasures to improve the professional judge conference system.Through investigation and research,it is found that there are some problems in the operation process of the professional judges’ conference system,such as the non-standard personnel composition structure,the non-uniform rules of procedure,and the unsmooth connection with the judicial committee.In view of these problems,this paper puts forward some suggestions to fully understand the function and value of the conference system of professional judges,optimize the composition structure of personnel,perfect the rules of procedure and perfect the supporting measures of the conference system of professional judges.