审判委员会制度的理论架构

The Theoretical Framework of Trial Committee System

对审委会制度的改革,有人主张废除审委会制度为其核心内容;也有人主张目前应在保留的基础上予以改革和完善。废改之争,焦点是研究方法之争。主废和主改各有其弊,应通过立法程序按照“不审不判”的思路重塑审委会制度,明确审委会审判组织的地位,赋予其合议、陪审、咨询、调研四大职能及案件实体决定权和指导权,并建立和完善相应的程序。

As for the reform of the trial committee system, some experts have proposed to abolish the system while others hold that the system can be maintained and perfected. Whether the system should be abolished or reformed depends on what research methods are used. Both of the claims have their disadvantages. What counts is that the system can be reshaped by adhering to the principle of ＂no trial, no verdict＂ through necessary legislative procedures. The role of trial committee ought to be nailed down and such duties as negotiation, jury, consultation and investigation as well as making judgments and decisions, and meanwhile, the corresponding procedures can be established and perfected.