A Discussion Of The Reform Of The Judicial Committee System

As a judicial system with Chinese characteristics,the Judicial Committee,which is generated under the specific historical context as well as the conditions and profoundly influenced by the historical traditions,the political factors,the judicial practice and the legal families,plays a significant role in centralizing the scales of justice,summarizing the trial experience and guiding the judicial work.However,maladies also arise with the development of society and the continuous deepening of judicial reform,such as the deviation of functions,the separation of hearing and judging and the violation to the principles of procedural laws.To establish the operating mechanism that conforms to the modern judicial ideas and litigation rules is not only the premise of achieving judicial fairness but also an important part of the next round of judicial reform,hence the reform of judicial committee systems is of great significance of improving the operating mechanism of judicial power.In view of the various problems existed in the judicial practice and the difficulties faced by the judicial committee system,this paper expounded the main causes of the system’s disconnections in practice,then demonstrated in both the theoretical level and practical level that the judicial committee should be retained through cases analysis as well as empirical analysis and finally put forward the corresponding suggestions on the reform of judicial committee system,that further reduce the discussion scope of individual cases,improve the modes of court trial and accountability systems,build the mechanisms of track and feedback and enhance the managerial function of adjudication supervision.By doing these above,we attempt to build the discussion mechanisms that are institutionalized,democratized and publicized,which is supposed to conform to the operation mechanisms and be accord with the original intention of the next round of judicial reform.