Research On The Improvement Of Judicial Committee Regime In Civil Litigation

In the history of nearly one hundred years of development,Chinese judicial committee mechanism has been the epitome of the evolution and development of Chinese characterized socialist concept of rule of law,which has been of great significance to the judicial work of our country.Now with the continuous construction of the rule of law and the advancement of judicial reform in our country,some problems in the judicial committee mechanism have been gradually emerging.In view of this,the author thinks that the mechanism of judicial committee should be reserved,and a gradual reform approach is suggested to apply according to the current situation of our country.This paper takes "the function of the judicial committee" as the starting point.The jurisdiction in the major and difficult cases,the supervision on the retrial cases and the management of the trial work are established to be three functions of the judicial committee mechanism.Considering on the different functions of the courts at all levels,this paper studies on the reform of the judicial committee mechanism in civil litigation with a hierarchical structure.First of all,based on the current legislative status of the adjudication committee system,analyze the powers of the adjudication committee over the adjudication committee from the perspective of adjudication functions,including the power to try major difficult cases,the power to supervise retrial cases,and the management of trial work;introduce the relevant adjudication committees The controversy over the doctrine of system retention and abolition,in response to the argument for abolishing the adjudication committee system,expressed the views of this article and clarified the reasons,that is,the reform and improvement of the adjudication committee system meets the actual needs of my country’s court management on the one hand,and on the other hand,it meets with Effective convergence of the existing judicial system in our country.Second,the issues existing in the current judicial committee regime would be analyzed.Judging from the operation of the judicial committees of different levels of courts and the judicial reform plans in practice,there is currently a lack of specific provisions corresponding to the different functions of courts at all levels.There is also a lack of corrections for the litigation from the concept of conforming to the principles.In the organizational structure of judicial committee,due to unclear positioning of the functions of the judicial committee,the appointment of committee members is sometimes unreasonable and there is also an absence of professional institutions.Besides,there is no complete set of program design for its operating procedures,including regulations for the scope of case submission,initiation and decision procedures,etc.Last,aiming at the problems in the former part,suggestions for the judicial committee mechanism are put forward in four aspects: overall framework,principle implementation,organization and program design.The paper applies a hierarchical design to the framework of the judicial committee mechanism and provides solutions to the implementations of the principle of open trial,the principle of direct and verbal trial,and the withdrawal system.For the organization of the judicial committee,the papers discusses the design of the overall framework,specific organizations and the perfection of judge selection regime.In the aspect of procedural design,this paper works out some suggestions for determining the scope of civil trial committee’s discussion subject,standardizing the initiation and decision procedure of the trial committee,strictly limiting the discussion of civil cases to the application of law and strengthening the filtering function of professional judges’ meeting.