Study On The Reform Of Case Work Mechanism Discussed And Decided By The Judicial Committee

Through several rounds of reform,the judicial committee’s discussion and decision case work mechanism has been gradually improved,but the defects of the mechanism,such as strong administrative color and violation of the basic litigation principles of the discussion procedure,have a crazy collision with the concept of modern rule of law.It is inevitable to retain the function of the judicial committee to discuss and decide cases for a long time.Optimizing its working mechanism will help to ensure the benign operation of the judicial mechanism.In addition to the introduction and conclusion,this paper is divided into four parts,with a total of more than 30000 words.In the first part,the judicial committee discusses and decides on the basic issues of the case work mechanism.The working mechanism for the judicial committee to discuss and decide cases refers to the sum of various procedural designs by which the judicial committee analyzes cases and makes decisions.The judicial committee discussed and decided on the case work mechanism,which includes not only the skeletal provisions such as organizational structure,case submission procedure and discussion procedure,but also the flesh and blood cells such as the scope of case discussion and supervision and guarantee measures.The working mechanism has gone through three periods: basic establishment,comprehensive development and innovative exploration,and the overall structure tends to be perfect.The judicial system of the United States,Germany and France also has organizations similar to the judicial committee.Among them,the attention paid by the United States to the participation of the parties and the division of the starting conditions of the "dual system" conference form within the organization by Germany and France are all worthy of our reference.The second part discusses and decides the current situation of the reform of the case work mechanism.The existing legal norms have designed a set of relatively comprehensive and perfect operating procedures for the judicial committee to discuss and decide cases,and defined the organizational structure of the judicial committee,the scope of case discussion,submission procedures and resolution rules.The third part,the judicial committee discusses and decides the problems existing in the reform of the case work mechanism.First,there is a lack of clear definition of major difficult and complex cases,and the provisions that only discuss the application of law are inconsistent with the current practical needs.The scope of cases discussed by the trial committee is ambiguous.Second,the case filtering mechanism is not effective.The administrative composition of professional judges’ meetings and the excessive emphasis on "ritual sense" are not conducive to their advisory function;The lack of effective regulation on the president’s right of review and the president’s right of initiative has indirectly increased the number of cases.Third,the case discussion procedure is not standardized,which hinders the organic combination of procedural justice and substantive justice.Specifically,the "conference system" mode is still used;The procurators at the same level attended as nonvoting delegates to further impact the pattern of prosecution and defense;There are design defects in the organizational structure and voting rules of professional committees.Fourth,the supervision and guarantee mechanism is not perfect.Lack of special working organization;The internal and external courts lack a perfect public mechanism for the judicial committee to discuss and decide the case related affairs,and the public disclosure of the case discussion affairs of the Judicial Committee continues to be hindered.The fourth part,the judicial committee discussed and decided on the suggestions for the improvement of the case work mechanism reform.In advance,the "general direction" and "small scope" are combined to clarify the specific meaning of major difficult and complex cases through the unified setting of the Supreme Court and the secondary refinement of local courts;At the same time,the judicial committee is allowed to discuss the facts of a few cases.Firstly,we should establish a talent pool of professional judges,simplify the discussion steps of the meeting,and restrict the power boundary of the president of the court to strengthen the filtering function of the mechanism;Secondly,it is necessary to improve the procedure for the judicial committee to discuss and decide cases,embed the debate mechanism into the speech process,optimize the personnel composition and voting rules of the professional committee,improve the connection mechanism between the professional committee and the professional judge meeting,invite lawyers to attend the meeting when discussing factual issues and the procurator general,and implement "differentiated trial" by distinguishing the types of cases and the contents of discussion.After the event,it is necessary to establish a special working organization and allocate professionals;We will improve the public disclosure mechanism and the accountability system.