An Investigation Report On The Function Implementation Of The Judicial Committee In Basic Court

The rights and obligations of the judicial committee have always been of great concern.On October 26,2018 the fourth revision of the organic law of the people’s court of the People’s Republic of China "(hereinafter referred to as the" organic law of the people’s court ")to modify the function of the judicial committee,and its positioning as four aspects: to sum up the experiences of the trial,discussion and decision of major,difficult and complicated cases of applicable law,discussion and decision in our hospital has legally effective judgments or written orders,whether the conciliation statement shall be retried and discuss in making decisions on important issues of the other relevant judicial work [the organic law of the people’s court of the People’s Republic of China,article 37: " judicial committee shall perform the following functions:(1)to sum up experience in trial work;(2)to discuss and decide on the application of law in major,difficult and complicated cases;(3)to discuss and decide whether the legally effective judgment,written order or conciliation statement of the court should be retried;and(4)to discuss and decide on other major issues concerning trial work..Its functions can be summarized as micro case discussion and macro management guidance.Summing up the trial experience as the first function clearly enumerated by law should be the key function of the committee.The biggest drawback in the practice of the judicial committee of grassroots courts is the malposition in the performance of legal functions.Therefore,a new round of judicial reform brings the judicial committee system into it,which conforms to the pace of judicial practice and highlights the authoritative status of the judicial committee.In this paper,the court of district B of S city is taken as the investigation sample,and the function performance of its review committee is taken as the entry point to conduct field research and obtain data.The first part of this paper finds out the problems through the statistics and analysis of the empirical data,while the second part focuses on finding out the causes of the functional dislocation,and based on this,explores the feasible path for functional improvement.This paper is discussed in four parts:The first part focuses on the realization of the function of the judicial committee of district B court of S city.Through the evolution of the relevant legal system to find the function of the audit committee positioning,and thus cut into the sample court audit committee performance status.By collecting and summarizing empirical data,this paper compares the deviation between theoretical construction and practical operation.The chart is made to directly show the gap in the exercise of the functions of the audit committee of the academy in recent years,so as to reflect the real status of the performance of the audit committee and pave the way for the problems existing in the performance of the audit committee.The second part discusses the function alienation of the sample court’s committee.Based on the above data,it concludes that the microcosmic function of the audit committee is intensive and the macroscopic function is virtual.Combined with the specific performance of the judicial committee of the sample court in the judicial practice to further reveal and verify the objectivity and seriousness of the alienation of its functions,which highlights the problem of the alienation of the judicial committee’s functions has become urgent.The third part focuses on discussing the causes of the dissimilation of the function of the trial committee of the sample court.This paper extends the problems of the sample court’s review committee,and studies the core causes of its functional alienation point by point and surface.The author roughly divides the causes of functional imbalance into four parts: the chronic weakness of institutional resources,the shackles of traditional thinking,the unreasonable allocation of resources of the review committee and the inadequate implementation of macro resolutions.The fourth part focuses on exploring the path to improve the functions of the sample court’s committee.Based on the current theoretical research and practice of the reform of the trial as a breakthrough,the causes of the imbalance around the corresponding improvement measures.It is divided into four parts: perfecting the corresponding standard system,implementing the concept of functional transformation,optimizing the allocation of internal resources and implementing measures of rectification resolutions.With the help of multi-dimensional measures to change the current awkward function of the committee in order to better meet the needs of the development of China’s court trial work.