Study On The Function Of Grass-roots Court Trial Committee

Judicial committee system is a special judicial system in judicial system of socialism with Chinese characteristics,which always exerts significant role in judicial field. The original purpose of the promulgation of any system is good, but it would not reach the acme of perfection. When the society develops into certain extent, there are always some systems that need to advance with the times and be improved, while judicial committee system is no exception. For a long time, the existence or abolishment of judicial committee system has been in the ascendant. As a grass root judge, the author inevitably feels confused in practice, and hopes to express own opinion with the advice from others, just treating it as the perfection to self legal knowledge system. Moreover, the author also expects to obtain the criticism and correction from various teachers. The first chapter of this paper briefly discussed the historical development of judicial committee system. It introduced the sprouting and development of such system, and outlined its historical development. The existence significance of such system shall be understood by combining with its background of creation. The second chapter was the functional understanding on judicial committee system. The grass-root court where the author is located was taken as the case to analyze the operation conditions of judicial committee system. It briefly outlined the institutional framework, staff composition, function, scope of case discussion and its operation procedures and results, etc of judicial committee system, and obtained the basic conclusion of two functions of judicial committee system. The third chapter, on the basis of function analysis, enumerated three problems existing in current judicial committee system, including the problem of relations between judicial committee system and collegiate bench; problem of staff composition of judicial committee system; and problem of establishing specialized committee. The fourth chapter, on the basis of the foregoing problems, proposed several perfection suggestions, including the optimization on member structure of judicial committee system; standardization on by-laws of judicial committee system; and the establishment of observers system. In consideration of the complexity of the background of judicial committee system and the arduousness of reform, and limited by the theoretical knowledge and ability of the author, only sketchy discussion was made.