司法体制改革下的审判委员会

审判委员会作为一项司法制度,在保证各级人民法院的审判质量,发挥审判人员的集体智慧,实行审判民主,加强审判监督等方面,曾起过积极的作用。但随着形势的发展,其存在的弊端也日益显现。本文在肯定其存在的正当性与合理性的同时,直面审判委员会制度的种种弊端,积极探求该制度改革之策,力求给这项传统的司法制度以新的活力。

On the Judgement Committee under the Reforms in Judiciary

As a judiciary, the judgement committee has played an important role in some aspects, such as ensuring the judgement quality of courts of all levels, inspiring collective intelligence of judges, realizing the democracy of judgement, and strengthening the supervision to judgement. But with the development of circumstance, its shortages become to emerge increasingly. While confirming its existing rationality, the article faces a variety of shortages in the system of judgement committee, and tries to explore maneuvers to the reform of this system with a hope of adding new energy to the traditional judgement system.