Judicial Committee System

The adjudicatory committee system is an important part in our country's judicial system. Being a collective leadership and a democratic centralism group inside the People's Court, it plays a leading role in its dozens of years of history. Because of the conflict between the adjudicatory committee system and the ideal of legal system, the system does not agree with the principles any more, lack of specification of work for instance. The academia once had a drastic debate with the practical department on the existing, deposing and reforming of the adjudicatory committee system. Now the debate comes to an end. However, the existing of the adjudicatory committee inside the judicial system is a fact out of question, what is more, five steps were put forward in the Compendium for the second Five Year Reforming Plan of The People's Court promulgated by the Supreme People's Court in 2005. As a result, before the coming of the reforming measures, combining the measures of the people's courts at all levels, once our nation gives a historical analysis and estimation to the adjudicatory committee system, also a prudential and a scientific analysis to the future of the system will lead to the smooth going of the reform and the implementing of the entire reform in the judicial system. Except introduction and conclusion, this article is divided into four sections:The first section expatiates the process of bud,establishment and development of the adjudicatory committee system. Further analysis is given according to the status quo of the system. The reason why the system was formed is also discussed from the following aspects: traditional culture, political factors, continental legal system and judicatory in Soviet Union . Adjudicatory committee may be considered as a system which the Party guide trials work, as a result, it could not be abolished so far.The second section clears up the debate on the existing, abolishment and reforming of the adjudicatory committee system. Although the debate is over, yet an in-depth study on the three opinions and reasons, which is defending, deposing and reforming, helps us to analyze the adjudicatory committee system thoroughly. My thesis also gives an external estimation to the three opinions above. At the same time, I point out that we should take a practical way to solve the problem, because adjudicatory committee system itself is a complicated system. We should be hopeful about the ideal of legal system, as well as put forward doable suggestions according to the status quo.The third section analyses the advantages and disadvantages of the adjudicatory committee system. On one hand, this section explains the role which adjudicatory committee has played, and on the other hand analyses the disadvantages of this system, which gives us an external expression to the system. This part shows that the adjudicatory committee system plays an important part in judicial acts; however it also has lots of disadvantages.The fourth section discusses the direction of this reform. According to the five steps put forward in the Compendium for the second Five Year Reforming Plan of The People's Court, combining the reform measures took by the People's courts at all levels, rational analysis and estimation are given, moreover, specific solutions are brought forward according to the reality, which the adjudicatory committee will not abrogated in a short time. Two directions of this reform are judicialization and consultation. On one hand desalinating the administrative tendency of adjudicatory committee, and on the other hand changing decision-making body to advisory body. The act of judicialization could not solve all the problems due to some maneuverable issues, that is why the committee should turn to a consultant framework. Only in this way can adjudicatory committee overcome its shortcoming and make sure of the quality of judgments.With the development of the judicatory reform, the abolishment of this system needs time. Considering this fact, this article brings forward maneuverable and effective suggestions aiming at bringing adjudicatory committee into full play. Two innovations in this article are as follows: i , full-scale analysis is given according to legislation and juridical practice; ii specific measures are offered, indicating the two directions of reform, especially to the way of consultation...