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审判委员会制度是在我国特定历史条件下产生,并具有明显中国特色的一项司法制度。作为法院系统最高审判组织,审判委员会曾在发挥审判职能作用,确保案件质量方面起着不可替代的作用。但随着改革的不断深入,由于其不可避免的浓厚行政色彩、超越于合议庭之上等症结的存在,审判委员会制度的弊端日益显现。从审委会制度的保存与废除之争到改革路径的探究,从司法价值的实现到理性的现实选择,理论界和实务界围绕审判委员会的争论一直不断。笔者以所在法院审判委员会运作情况为依托,通过理论探讨和实证研究的方式探讨审判委员会制度的利弊,并在此基础上进一步分析审判委员会制度的完善路径。
The judicial committee system is a judicial system that has been produced under the specific historical conditions in our country and has obvious Chinese characteristics. As the supreme judicial organization of the court system, the judicial committee played an irreplaceable role in playing the role of adjudication function and ensuring the quality of the case. However, with the continuous deepening of the reform, the disadvantages of the judicial committee system have become increasingly evident due to its inevitable strong administrative overtaking and the existence of the crux of the problem above the collegiate bench. From the controversy over the preservation and abolition of the CRIC system to the exploration of the reform path, from the realization of the judicial value to the rational choice of reality, there has been a constant debate among the theoretical and practical circles around the judicial committee. Based on the operation of the judicial committee in which the court is located, the author discusses the pros and cons of the judicial committee system through theoretical exploration and empirical research, and further analyzes the perfect path of the judicial committee system.