Study On The Operation Mechanism Of Judicial Committee Under Judicial Responsibility System

Trial committee system as a distinctive judicial system in our country,has a special operation mechanism,from birth to now,has been an indelible role,but its special operation mechanism also brings a lot of questions to it,in every time in the process of judicial reform,have been pushing the reform of the judicial committee system,has become the focus of scholars from all walks of life.And the current reform of judicial accountability system has listed the reform of judicial committee among the key tasks of reform.The supreme people's court has also formulated a series of documents to promote the reform of judicial accountability and improve the judicial committee system.However,after a period of time after the operation,the reform of judicial system under a certain amount of progress has been made in the reform of the judicial committee,but run the judicial committee of lack of legal basis,found guilty of not careful problem has not been completely solved,and also appeared some new problems after the reform,such as the problem of weak supervision,so the need of judicial responsibility system,analyzing the operational mechanism of the judicial committee under further perfecting the running mechanism of the judicial committee.At present,there are many researches on the judicial committee system,but with the reform of judicial accountability system,there are still few researches on the operating mechanism of judicial committee.For judicial responsibility system under the study of the operation mechanism of judicial committee,is not only beneficial to further solve the disadvantages of judicial committee found without trial,actualizing the "trial judge,judge is responsible for",but also to improve the quality of the trial,safeguard judicial justice and improve judicial credibility,is of profound significance.Through literature analysis,induction,comparative analysis and other methods,starting from the reform of judicial accountability system,this paper sorts out and analyzes the content,necessity,operation mechanism and operation status of the judicial committee.Through the analysis and research,found that the judicial system reform,the judicial committee of sentence without careful problem,are improved to some extent,but not completely solved,and there are still lack of legal norms,the judicial committee "applicable law" to reform implemented,responsibility shall be investigated for difficult,no such problems as lack of supervision mechanism,and because the function of thejudicial committee to discuss the case reform,discuss a substantial reduction in the number of cases,and raise questions about the weak supervision of the judicial committee.In view of the above problems,the author believes that it is necessary to regulate the operation of the judicial committee at the legal level,so as to solve the problems that cannot be relied on.By clarifying the distinction between "finding of facts" and "application of law",the reform of "application of law" is implemented in practice,and the problem of "judging without trial" is solved.Through the establishment of accountability mechanism and supervision mechanism,the problems of accountability difficulties and lack of supervision should be improved.