On The Improvement Of Trial Organization

The trial organization is the body exercise judicial authority. The core of realization of justice is to improve the operation of trial organization. This thesis analyzes the problems of trial organizations in practice in our country and makes recommendations, basing on three pieces of news report and the value of judicial fairness. This thesis has four parts.The first part is on the significance of perfection of trial organization. After the brief definition of trial organization and its types, the values, advantage disadvantage and application of the three types, Sole Judge Bench, Collegiate Bench and Judicial Committee are expounded. The purpose of perfection of trial organization is also involved to make sure the judicial authority is exercised independently, fairly and efficiently.The second part elaborates the measures of perfect the trial organization respectively. To the perfection of Judicial Committee, the problems lie in the obvious trend of administration, no specialization, some functions being ignored, departure from procedural justice and absence of operation rules. The advices for improvements are to establish committee of profession and comprehension, to change the functions, to perfect rules of operation of Judicial Committee, to perfect relative institution as to reduce the procedural injustice. To the perfection of Collegiate Bench, the problems lie in unequal positions of its members, Sole Judge Bench indeed, risk of interest community after its members being selected, lacking of deliberation rules, jurors serve as a contrast. Resolutions are rotation of its members, to make rules of deliberation, to bear more responsibility by its members and to reduce the application of Collegiate Bench. To the perfection of Sole Judge Bench, the problems lie in mechanical connection of Sole Judge Bench and summary procedure resulting low efficiency, the application of Sole Judge Bench in civil litigation is beyond the law and the change from Sole Judge Bench trial to Collegiate Bench trial is at random. Therefore this thesis suggests Sole Judge Bench should be applied to other types of cases, separate Sole Judge Bench from summary procedure, Sole Judge Bench trial is applicable to ordinary procedure, institutionalize the switch from Sole Judge Bench trial to Collegiate Bench trial and place great emphasis on appointment of Sole Judge.The third part discusses the connections among trial organizations and relative agencies longitudinally. Firstly, this thesis analyses the relationship between Judicial Committee and Collegiate Bench. Secondly, it analyses and makes recommendations on the relationship among Collegiate Bench, Sole Judge Bench, chief judge and president of the court.The last part analyzes approach that ensures the realization of judicial justice by trial organization, that is, management of trial. This thesis argues the necessity of trial management and the disadvantage of conventional ones. The suggestions for it are: it is important to transfer the attention from cases to the trial organization and its members, both in procedure and substance. To establish institution of trial management and estimation of the achievements of judges is important to realize the trial management.