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Judicial Committee on the norms and the idea of reform

Judicial Committee (hereinafter referred to as the Audit Committee) is the highest trial courts at all levels of organization, its accepting the case of major and difficult cases with the highest authority of the decision, the Full Court and Durenshenpan court's decision on the CRIC must be implemented. It is democratic centralism in our concrete manifestation of judicial activities, to sum up the work of trial experience and the supervision and guidance of the trial to display an important role. But have to admit, with the deepening of the Reform of the trial, the composition of the CRIC and the obvious problem of the operating mechanism. To regulate and reform the author to talk Yikongzhijian CRIC to initiate. First, the current work of the CRIC 1 in the presence of irrational factors, constitutes a form of an administrative nature. The courts generally CRIC President, Vice President and President of the Court of the business component, designated by the President or the President who presided over the trial so that the CRIC has the dual functions of the administration of justice. This constitutes a form of administrative disadvantages are obvious: First, the executive heads of the administrative things to do, little time for careful study of the case; Second,[link widoczny dla zalogowanych], some members of the law itself is not high quality, with the flow in the vote,[link widoczny dla zalogowanych], or even blindly go along with host person point of view; third is the lack of monitoring mechanisms, the host position on the case, other members are often afraid to express their views, to host a personal impression of coat put on legitimate collective decision to provide a possible cause of democratic centralism formalized. This can be judged, because the composition of the administrative, judicial committee of the fairness of the final decision to some extent dependent on the laws of host quality and conscience. 2, the operator of the form of a behind the scenes. CRIC discussion of cases were closed in the state, the use of the modalities of the CRIC was held to discuss the case. Meeting, Audit Committee members, in addition, reported cases of people, a record of people,[link widoczny dla zalogowanych], other people may not be admitted as spectators. The parties also can not enter the venue present your ideas. This approach to the Audit Committee to cast a mysterious color, to the 3, with the assumption of the resolution vote. CRIC has the highest resolution of the Court's decision in effect. Audit Committee is to convene a general tend to be focused on a number of cases to be discussed after the meeting. Due to time constraints, the Audit Committee members can only hear cases of contractors reporting to make their own decision and did not participate in the trial, listened to the views of the parties, even the file materials are not look to express their views, final vote. Resolution obtained by this process are too subjective to Newcastle. Second, the norms and the reform recommendations of CRIC CRIC view of the problems arise, I suggest the following aspects of the review committee to regulate and reform. (A) the establishment of professional and allied members of a committee, set up a professional committee of the reasons. Mainly from the difficult cases of criminal, civil and administrative cases. In a court case, from ** to ** years, the criminal cases review committee to discuss the case share an average of 18.7, 37.4 civil cases and administrative cases was 1.8. Complex legal relations in civil cases, national legislation more delay, intractable, but also easily lead to escalation. Zuiyufeizui identification in criminal cases and sentencing to determine the magnitude of all restrictions related to personal freedom and had to be careful. Although the small number of cases of administrative cases, the proportion is also small, but comes to the courts and the executive relationship between the legal supervision and conduct of the executive in all administrative areas with the overall administrative counterpart conflict with the executive than other cases to be acute. According to the characteristics of cases and legislative situation, the law requires members of CRIC and composition should improve the quality and improvement. Audit Committee members, but no matter how produced, he could not exhaustive of the various branches of law to master. So I suggest the courts should be based on their own needs and conditions, the Commission may establish criminal, civil committees and the Executive Committee and other professional committees. Be noted that, although the cases discussed in the review committee in the proportion of cases gradually increased, but the content of the discussion is often compulsory measures of decision and execution skills, Committee members can review their own judicial experience to judge, involving other legal relations, can be sent to relevant professional review committee, so do not need to set up a professional committee. Intermediate and above the court may also set up the Intellectual Property Committee. 2, the composition of the Committee and members of professional production. Proposed composition of the Committee and the full-time professional members combined. Generally speaking, the primary court for 3 in terms of composition, including a man-made full-time members. According to the objective reality of grassroots courts to theoretical foundation of law and judicial experience as a criterion, the conditions can be selected as: a law degree or above, with the presiding judge qualified more than 3 years, of which members are full-time undergraduate or graduate higher education law degree qualified with 5 years of the presiding judge. In addition to full-time members, the Professional Committee of the other members of the Audit Committee by the qualified judges in the identification and appointment. 3, the professional relationship between the Committee and the Audit Committee. This is the first to define the professional committee work. All cases submitted to the CRIC discussion, first reported cases of contractors tried to write, and then transferred together with the dossier and other materials related to professional committees. Professional Committee may convene the parties understand the relevant information and attend the trial, the judge listened to reports on the views put forward their own report (must contain professional disagreement within the Commission), presented by the full-time members of CRIC reference. Thus, professional committees can be characterized as an advisory body to the CRIC. Audit Committee Special Committee as a bridge to understand the real situation of the case, its role is complementary. When the Audit Committee and the Professional Committee of disagreement, from the current principles of law, professional committees should be subject to the final decision of the CRIC. (B) the weakening of the administrative committee review the color 1, open selection of the CRIC members. Audit Committee members selected to determine the conditions, refer to full-time members of the selected conditions. Program: the President's office will determine the eligible candidates for judges, police officers from the hospital-wide evaluation of the situation and announced democratic evaluation,[link widoczny dla zalogowanych], the President's office determined in selected based on evaluation of personnel, or police officers directly elected by the whole hospital, and then appointed by the President of the Standing Committee shall draw. Through an open selection, the Chief Executive does not necessarily become a member of the CRIC. And this approach does not deny that the administrative duties and functions. 2, determine the full-time members. Courts at all levels can be determined in accordance with the actual amount of full-time members, the basic principle is that

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