The judicial committee is an organizational form in which the people's court exercises collective leadership over judicial work.The people's courts at all levels shall establish judicial committeesDemocratic centralism。The main task is to summarize trial experience, discuss major or difficult cases and other issues related to trial work.
supreme people 's courtThe Judicial Committee is the leading group of the Supreme People's Court of the People's Republic of China. Its task is to summarize experience in judicial work, discuss major or difficult cases and other issues related to judicial work.Supreme Judicial Review Commission's meeting was held byPresident of the Supreme People's Courthost.The judicial committee is composed of the president (1 person), the executive vice presidents (1 person), vice presidents (several persons), chief judges, associate chief judges and judges.
The President of the Supreme People's CourtNational People's CongressThe executive vice presidents, vice presidents, chief judges and associate chief judges of divisions, members of the judicial committee and judges of the Supreme People's Court shall be elected and removed byStanding Committee of the National People's CongressAppointment and removal.[1]
Chinese name
Judicial Committee
Foreign name
Adjudication committee
Introduction
courtOrganizational form of collective leadership in judicial work
As an important organizational form of Chinese courts, the trial committee originated in the new democratic period.In 1932, the Central Executive Committee of the Communist Party of China (CPC) and the Soviet Republic issued the Provisional Regulations on the Organization and Judgment of the Magistrates' Department, which stipulated that the magistrates' department above the county level should organize the referee committee.The judicial committee is the embryonic form of the judicial committee.
In the first National Judicial Conference in 1950, the competent judicial authority initially proposed the draft court organization, which mentioned the establishment of a judicial committee.
In 1951, the Central Government passed the Provisional Regulations on Courts. Article 15 of the Regulations stipulates that the courts at the provincial and county levels shall establish judicial committees, which shall be composed of the president, vice presidents, chief judges and judges of the trial court.
1954Organic Law of the People's CourtOfficially promulgated, it stipulates the establishment of judicial committees within courts at all levels in China as a form of collective leadership over judicial work.
In March 1955,supreme people 's courtThe first meeting of the Judicial Committee was held, announcing the establishment of the Judicial Committee of the Supreme People's Court and forming some working systems of the Judicial Committee.Subsequently, courts at all levels of the country have successively established judicial committees.The judicial committee has started to operate as a statutory system.
The selection and construction of the judicial committee system are affected by many factors.First of all, for thousands of years, China's feudal society has followed the principle of the integration of justice and administration. The chief executive of the administrative organ commands administrative power and concurrently exercises judicial functions and powers.After the founding of New China, a socialist judicial system was established.But on the one hand, because the judicial organs in the revolutionary base areas generally practiced collective leadership before the founding of the People's Republic of China, the establishment of the judicial committee had great affinity with China's judicial tradition, national culture and national psychology.Secondly, after the founding of New China, the old judicial system was broken, and a socialist judicial system was created. The legal system was in need of development, and judicial cadres were extremely scarce. At that time, the majority of court judges were composed of workers and peasants, and the overall professional quality of judges was low. It was necessary to take a collective decision-making approach to ensure the quality of trials.And then the civil law system andFormer Soviet UnionThe impact of the trial system.
At the beginning of the 20th century, in modern timeslegal systemChina refers more toContinental law systemTradition.The laws of New China are also deeply influenced by the civil law system.Compared with the common law countries, the civil law system has a strong hierarchical color in the internal organizational structure of the court, emphasizing the restriction and guidance of the upper power to the lower power, and the court system structure has a strong flavor of bureaucratic hierarchy.For example, the "mixed court" in the French Supreme Court and the "grand federation" in the German Federal Court have more or less common ground with the trial committee.The trial system of the former Soviet Union emphasizedruling partyThe intervention and specific guidance of the trial, and the emphasis on collective wisdom, have left a deep mark on the Chinese judicial system under construction, making the trial committee system possible.
This organization, presided over by the President and composed of the President and senior judges, can realize the direct control of political parties and leadership over the trial work.
Introduction
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nature
As a unique form of trial organization in China, the Trial Committee, as a collective leading organization for trial work, has played a positive role in discussing and deciding major and difficult cases, summarizing trial experience and other relevant trial work.
The Judicial Committee is the highest judicial organization of the Court to decide on the handling of cases and the decision-making body in the trial business, guiding and supervising the trial work of the whole Court.Its task is to summarize the experience of trial work, discuss major or difficult cases and other issues related to trial work.
The judicial committee adopts democratic centralism.The judicial committee discusses the case and implements the withdrawal system according to law.
form
The committee is the supreme judicial organization of the court. Its task is to sum up experience in judicial work, discuss major or difficult cases and other issues related to judicial work.
The session of the judicial committee shall be presided over by the president of the court, and its members shall be composed of one president, several vice presidents, chief judges and senior judges.The number of members is odd.In fact, it is the right organization not to participate in the trial, especially its decision on trial business must be implemented.Many scholars are commenting on the advantages and disadvantages of the trial committee, and have no consensus.However, its authority goes without saying.
necessity
First, the premise of forming a good "treatment plan" is to find the "cause".The Judicial Committee is an important part of China's judicial system and a major feature of China's judicial system.The reason is that whetherContinental law systemstillAnglo American law systemIt is recognized by the academic community that there is no trial committee within its trial organization, which is often one of the reasons why the academic community questions the Chinese trial committee system.However, we cannot deny the existing trial committee system on the ground of "connecting with the world". At the same time, the existence of the trial committee is necessary for the basic courts to ensure better justice, or its advantages outweigh its disadvantages.For historical and practical reasons, we do not advocate the immediate abolition of the trial committee system, but rather maintain the trial committee system and change some of its functions.In fact, this is to "perform a major operation" on the system, and the premise is to find the "pathological changes" in the system, the "object of operation", otherwise it will be blind.
Secondly, the process of finding problems is actually the process of reflecting on the flaws in the system.Despite the opposition to the abolition of the trial committee system, if a system is expected to operate in a long-term and normal way, it must be truly widely accepted and recognized by people and avoid "gossiping".Avoiding existing problems is not a wise move to support a system. Instead, we should keep pace with the times, innovate and improve the system on the basis of finding problems, so as to endow it with vitality and persuasiveness.
system
Just like the example of "surgery" mentioned above, doctors always find the cause of disease based on certain medical logic, medical knowledge and medical experience before surgery, so as to save patients.The reflection on the problems of the audit committee system should also be based on certain logic and the use of analytical research methods.
The analytical research method here refers to the method of breaking down the overall audit committee system into several parts for research, or breaking down the individual characteristics and aspects of the audit committee system for reviewSystematic approachIt is completely opposite.According to the accuracy of the analysis conclusions, the analysis methods can be divided into qualitative and quantitative analysis.
Main differences
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The trial committee is different fromCollegial panel, it does not directly hear the case.basissupreme people 's courtRelated tojudicial interpretationOnly the following difficult, complex and major criminal cases that are difficult for the collegial panel to make a decision can be submitted to the president of the court for decision and to the judicial committee for discussion and decision:
5. Other matters that need to be discussed and decided by the judicial committee;
6. For a case to be tried alone, if the sole judge deems it necessary after the court session, he may also request the president to decide to submit it to the judicial committee for discussion and decision.
The judicial committee shall discuss the case on the basis of the hearing by the collegial panel, and shall fully listen to the explanation of the collegial panel members on the hearing and deliberation.If the trial committee has different opinions when discussing the caseThe minority is subordinate to the majorityVote on the principle of.The opinions of the minority shall be recorded in writing.The collegial panel shall implement the decision of the judicial committee.
The judgment and written order of the case discussed and decided by the judicial committee shall be issued in the name of the members of the collegial panel hearing the case.
Members
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Members of the judicial committee of the local people's court at various levels shall be appointed or removed by the standing committee of the people's congress at the corresponding level upon the recommendation of the president of the court;
Members of the Judicial Committee of the Supreme People's CourtPresident of the Supreme People's CourtTo submit to the Standing Committee of the National People's Congress for appointment or removal.
The session of the judicial committee of the people's court at various levels shall be presided over by the president of the courtprocuratorateThe chief procurator may attend as a nonvoting delegate.
Working mechanism
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In order to implement the overall deployment of the central government on deepening the comprehensive reform of the judicial system, improve the working mechanism of the judicial committee of the people's court, and further comprehensively implement the judicial responsibility system, this opinion is formulated in accordance with the Organic Law of the People's Court, the Criminal Procedure Law, the Civil Procedure Law, the Administrative Procedure Law and other laws and judicial interpretations, and in combination with the actual work of the people's court.
1、 Basic principles
1. Adhere to the leadership of the Party.Adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, strengthen the "Four Consciousness", strengthen the "Four Confidence", and achieve the "Two Safeguards", adhere to the CPC's absolute leadership over the work of the people's courts, unswervingly follow the path of socialist rule of law with Chinese characteristics, and improve the fair, efficient, and authoritative socialist judicial system.
2. Implement democratic centralism.Adhere to the organic combination of fully promoting democracy and correctly implementing centralism, improve the procedures and rules of procedure of the judicial committee, ensure that the members of the judicial committee express their opinions objectively, impartially, independently and equally, prevent and overcome the situation that no decision is made or no decision is made, and effectively give play to the advantages of democratic centralism.
3. Abide by judicial laws.Optimize the composition of the judicial committee, scientifically position the functions of the judicial committee, improve the operation mechanism of the judicial committee, comprehensively implement the judicial responsibility system, and promote the establishment of a working mechanism with clear powers and responsibilities, unified powers and responsibilities, efficient operation, and strong supervision.
4. Abide by judicial justice.We should conscientiously summarize the experience of the reform of the judicial committee system, constantly improve the working mechanism, adhere to the fact based, law based, strict and fair justice, adhere to the unity of procedural justice and substantive justice, give full play to the function of the judicial committee, and strive to make the people feel fair and just in every judicial case.
2、 Organizational composition
5. People's courts at all levels shall establish judicial committees.The judicial committee shall be composed of the president, vice presidents and several senior judges, and the members shall be odd.
The judicial committee may have full-time members.
6. The judicial committee meetings are divided into plenary meetings and professional committee meetings.
The professional committee meeting is a form of meeting and working method of the judicial committee.The people's courts at or above the intermediate level may, according to the needs of judicial work, convene meetings of professional committees for criminal adjudication, civil administrative adjudication, etc.
The members of the professional committee meeting shall be determined according to the specialty and division of work of the members of the judicial committee.Members of the judicial committee may attend meetings of different professional committees.All members of the professional committee meeting shall exceed half of all members of the judicial committee.
3、 Function orientation
7. The main functions of the Judicial Committee are:
(1) Summarize the experience of trial work;
(2) Discuss and decide on the application of law in major, difficult and complex cases;
(3) Discuss and decide whether the court's legally effective judgments, rulings and mediation statements should be retried;
(4) Discuss and decide on other major issues related to trial work.
The Judicial Committee of the Supreme People's Court unifies the application of law by formulating judicial interpretations, normative documents and issuing guiding cases.
8. The following cases tried by the people's courts at all levels shall be submitted to the judicial committee for discussion and decision:
(1) Sensitive cases involving national security, diplomacy, social stability and other major, difficult and complex cases;
(2) The court has made legally effective judgments, rulings, mediation statements and other cases with definite errors that need to be retried;
(3) Criminal cases protested by the People's Procuratorate at the same level in accordance with the procedure for trial supervision;
(4) New types of cases with unclear rules of law application;
(5) Cases in which the defendant is to be acquitted;
(6) Cases in which criminal punishment or exemption from criminal punishment is planned to be imposed below the statutory punishment;
A case in which a higher people's court or an intermediate people's court intends to impose a death sentence shall be submitted to the judicial committee of the court for discussion and decision.
9. The following cases tried by the people's courts at all levels may be submitted to the judicial committee for discussion and decision:
(1) Cases where the collegial panel has great differences on the application of law, and it is difficult to make a decision after discussion at a professional (presiding) judge meeting;
(2) Cases where the proposed judgment may conflict with the similar judgment of the court or the superior court;
(3) Major, difficult and complicated civil cases and administrative cases protested by the People's Procuratorate at the same level in accordance with the procedure of trial supervision;
(4) Cases ordered to be retried or remanded for retrial;
(5) Other cases that need to be submitted to the trial committee for discussion and decision.
4、 Operating mechanism
10. If the collegial panel or the sole judge considers that the case needs to be submitted to the judicial committee for discussion and decision, he or she shall submit an application to the president for approval;If no application has been made, the president may, if he deems it necessary, refer it to the judicial committee for discussion and decision.
If other matters are submitted to the judicial committee for discussion and decision, they shall be implemented with reference to the case submission procedure.
11. The case to be submitted to the judicial committee for discussion and decision shall have the opinions of the professional (presiding) judge meeting for discussion.
If the opinions of the professional (presiding) judges' meeting are inconsistent with those of the collegial panel or the sole judge, the president, vice presidents, and chief judges may request the collegial panel or the sole judge to reconsider in accordance with the limits of authority for trial supervision and administration;If the opinions of the professional (presiding) judge meeting are still not adopted after reconsideration, they shall be reported to the judicial committee for discussion and decision according to the procedure.
12. The collegial panel shall form a written report on the cases submitted to the judicial committee for discussion.The written report shall objectively and comprehensively reflect the facts and evidence of the case, the opinions of the parties or both the prosecution and the defense, list the applicable law issues that need to be discussed and decided by the judicial committee, the opinions of the professional (presiding) judges' meeting, the retrieval of similar cases and related cases, and have the collegial panel's opinions and reasons for handling.In case of different opinions, different opinions and reasons shall be summarized.
Before other matters are submitted to the judicial committee for discussion, the handling department shall put forward handling opinions on the basis of careful research and soliciting opinions from relevant departments.
13. With regard to the case or matter submitted to the judicial committee for discussion and decision, the working department of the judicial committee may first examine whether it falls within the scope of discussion of the judicial committee and put forward opinions, and report to the president for decision.
14. If a member of the judicial committee should withdraw from a case submitted to the judicial committee for discussion and decision, he shall withdraw himself and report it to the president for decision;The withdrawal of the president shall be decided by the judicial committee.
The provisions of relevant laws on the withdrawal of judges shall apply to the withdrawal of members of the judicial committee.
15. Members of the trial committee shall review the meeting materials in advance, and may access relevant files, documents and audio and video materials of the court trial when necessary.
16. When the Judicial Committee convenes plenary meetings and professional committee meetings, more than half of its members shall be present.
17. The plenary meeting of the judicial committee and the meeting of the professional committee shall be presided over by the president or the vice president entrusted by the president.
18. The following persons shall attend the meetings of the judicial committee as nonvoting delegates:
(1) The members of the collegial panel, the sole judge or the person responsible for the case;
(2) The head of the court or department that undertakes the case or matter;
(3) Other personnel who need to attend as nonvoting delegates.
When necessary, the Judicial Committee may invite deputies to the National People's Congress, members of the CPPCC, experts and scholars to attend its meetings.
With the consent of the chairperson, the non voting participants may provide explanations or express their opinions, but will not participate in the voting.
19. When the judicial committee is in session, the chief procurator of the People's Procuratorate at the same level or the deputy chief procurators entrusted by him may attend as nonvoting delegates.
20. The judicial committee shall discuss and decide cases and matters in accordance with the following procedures:
(1) The collegial panel and the undertaker report;
(2) Members ask questions on relevant issues;
(3) The members shall give their opinions in the order of judges' rank and seniority from low to high, and the moderator shall give the final opinion;
(4) The host made a summary of the meeting and the meeting made a resolution.
21. When a case or matter is discussed at the plenary meeting of the Judicial Committee and the meeting of the Professional Committee, a decision shall generally be made by a majority of all the members of the Judicial Committee, and the opinions of the minority members shall be recorded in the volume.
If a case or matter discussed at a professional committee meeting cannot be resolved or the president deems it necessary, it may be submitted to the plenary meeting for discussion and decision.
If the president deems it necessary to discuss a case or matter that has been discussed at the plenary session of the judicial committee or at a meeting of a professional committee, he may apply for reconsideration.
22. The collegial panel, sole judge or relevant departments shall implement the decision of the judicial committee to discuss the case or matter.If the working department of the judicial committee finds that the result of case handling is inconsistent with the decision of the judicial committee, it shall report to the president of the court in a timely manner.
23. The minutes or decisions of the judicial committee meeting shall be sent to the members of the judicial committee, the relevant court or department after being examined and approved by the president.
If the chief procurator or deputy chief procurators of the People's Procuratorate at the same level attend the judicial committee as nonvoting delegates, the minutes of the meeting or the decision shall be copied to the office of the procuratorial committee of the People's Procuratorate at the same level.
24. The decision of the trial committee to discuss the case and its reasons shall be made public in the judgment document, unless otherwise stipulated by law.
25. The collegial panel and the sole judge shall conclude the cases discussed and decided by the judicial committee in a timely manner, and send the judgment, ruling, mediation statement, etc. to the working department of the judicial committee for filing.
26. People's courts at all levels shall establish a sound recording and video recording system for the whole process of the judicial committee meetings, which shall be managed according to the confidentiality requirements.The submission, review, discussion and decision of the trial committee topics are included in the trial process management system, and the whole process is marked.
27. The working departments of the judicial committees of the people's courts at all levels are responsible for handling the daily affairs of the judicial committees, urging and inspecting the implementation of the decisions of the judicial committees according to the authorization of the judicial committees, and implementing other matters assigned by the judicial committees.
5、 Safeguard supervision
28. The members of the judicial committee shall be protected by law for their lawful performance of duties.
29. Leading cadres and personnel within the judicial organ who illegally interfere, interfere, or interfere with the members of the judicial committee to discuss and decide cases shall be recorded, notified, and investigated for corresponding responsibilities according to discipline and law.
30. If a member of the judicial committee is falsely accused, framed, insulted or slandered for performing his duties according to law, the people's court shall, together with the relevant departments, promptly take effective measures to clarify the truth, eliminate the adverse effects, and investigate the responsibility of the relevant units or individuals according to law.
31. When the trial committee discusses the case, the collegial panel and the sole judge are responsible for the facts reported by them, and the members of the trial committee are responsible for their opinions and votes.
32. If members of the judicial committee commit serious violations of discipline and law, such as corruption, malpractice for personal gain, and perverting the law, they shall be seriously investigated for responsibility according to discipline and law.
33. People's courts at all levels shall incorporate the attendance of members of the judicial committee into the assessment system and publicize it in the court in an appropriate form.
34. Members of the judicial committee, non voting personnel and other participants shall strictly abide by the confidentiality discipline and shall not disclose the secrets of the judicial work known during the performance of their duties.In case of serious consequences caused by leakage of secrets, disciplinary and legal responsibilities shall be investigated.
6、 Supplementary Provisions
35. The scope, determination and investigation procedures of the judicial responsibility of the members of the Judicial Committee in this opinion shall be implemented in accordance with the Several Opinions of the Supreme People's Court on Improving the Judicial Responsibility System of the People's Court and the relevant provisions on the punishment of judges.
36. The people's courts at all levels may, in accordance with these Opinions and in combination with the actual trial work of their own courts, formulate rules for the work.
37. This opinion shall come into force as of August 2, 2019.In case of any discrepancy between the normative documents previously issued by the Supreme People's Court and these Opinions, these Opinions shall prevail.
