Review The Function Of Judicial Committee And Study On System Optimization

The emergence and development of the judicial committee system both show the characteristics of China’s judicial construction and are the results accumulated in the development of different periods.From the middle and late 1990 s,the research on the system gradually reached its peak,and the academic community formed a relatively consistent view,admitting that there are many problems in the judicial committee system.It also discusses the existence and abolition of the judicial committee,its content,irrationality,necessity and rationality,and reform ideas.This paper starts from the doubts faced by the judicial committee,and in the face of the voices of "abolishing" by the majority of scholars,it does not follow others’ opinions and abolish them.Instead,it takes the functions of the judicial committee as the starting point,and proposes that the key to the continuous development of the current judicial committee system is to realize the exploration of new functions,and the change of institutional needs arising from the changes of the historical background.To explore the future development direction of the judicial committee system,that is,to strengthen the new function of sharing judges’ decision risk,and to further put forward improvement suggestions and optimization plans for the new function.First of all,this paper analyzes and sorts out the establishment and development process,causes,development background,nature and actual operation mode of the judicial committee system,discusses the historical background and historical impact of the judicial committee system’s emergence and development,and indicates that the functions,functions and nature of the judicial committee system evolve and develop based on the changes of The Times.In view of scholars’ widespread doubts and abolishment of the judicial committee system,this paper puts forward the core point of view that the reservation of the judicial committee system can be realized by strengthening the new functions.Secondly,it connects and compares the historical background of the emergence and development of judicial committees with the current background of judicial responsibility system,judicial reform and judicial construction.On this basis,it further analyzes the responsibilities and functions of judicial committees at all levels in judicial practice based on the historical background and needs.Then it further sorted out the traditional functions of the judicial committee system in the judicial process,that is,judicial guidance,promoting judicial justice and trial management.In the case of changes in many factors,it is necessary and possible to weaken the traditional function,and our institutional demand for the judicial committee system has changed.Also under the new expectation,the judicial committee system should play a new function to meet the needs of judicial practice,that is,to share the risk of judges.Finally,based on the discovery of the new functions of the judicial committee and the problems of the judicial committee system in practice,in order to better play the function of sharing judges’ decision risks and avoid risk sharing becoming a shirking of responsibility,the operation of the judicial committee system and the organization of the judicial committee system are mainly focused on.The operation procedure of the judicial committee system and the related supervision mechanism are explored.