审判委员会机制探微

Research on Judicial Committee Mechanism

本土文化和现实条件的特殊性决定了中国的法治进程具有不同于西方的特点。审判委员会制度是在中国特定历史条件下形成的,在当时的历史条件下发挥了重要作用。随着法制建设的不断发展、司法改革的不断深入,审判委员会存在的问题凸现。从如下方面探讨改革审判委员会制度:明确提交审判委员会案件的范围,成立专业委员会,将法院研究室作为审判委员会办事机构,对审判委员会委员实行考核和任期制度,完善审判委员会运作方式的设计,其对于法院改革和立法均有参考价值。

The local culture and the particularly realistic conditions have decided that the course of China＇s rule - by - law has his characteristic which differs from the westerns. Judicial committee system was formed under a specific historical condition, and has played an important role under that time. With development of the legal system and the reform of judicial affairs, judicial committee mechanism＇s problem becomes obvious now. This paper discusses the reform of judicial committee system as follows： the range of law case submitting to judicial committee should be made clear, special field committee should be established, the research office of the court should be taken as the judicial eommittee＇s administrative body, the judicial committee member needs to be checked regularly and is suitable for tenure of office system, and the design of judicial committee＇s operating way should be improved. These reforms have reference value to the court reform and the legislation equally.