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“人民法院组织法”和“人民检察院组织法”自1979年颁布,至今已施行20多年。在民事、刑事、行政三大诉讼法修改的同时,与之相配套的“人民法院组织法”和“人民检察院组织法”的修改也在紧锣密鼓地进行。其中,“人民法院组织法”的修改,“审判委员会”引人关注。按照“人民法院组织法”规定,案件由合议庭负责,在对重大疑难案件的意见不一致时,才提交审委会。但在实践中,有的法院规定,在本院辖区内有重大影响的和疑难案件必须提交审委会,特别是刑事案件,必须提交审委会;有的是合议庭定案了,但分管院长不同意这样定,案件也会提交审委会。关于“人民法院组织法”的修改,尤其是“审判委员会”,法院院长们更是仁者见仁,智者见智。
The Organic Law of the People’s Court and the Organic Law of the People’s Procuratorate were promulgated in 1979 and have been in operation for over 20 years. Along with the revision of the three procedural laws of civil, criminal and administrative departments, the amendments to the Organic Law of the People’s Court and the Organic Law of the People’s Procuratorate are also in full swing. Among them, the “People’s Court Organization Law” amendment, “Judicial Committee” draws attention. Pursuant to the “Organic Law of the People’s Court,” the case is headed by the collegial panel and submitted to the committee when the opinions on major and difficult cases are inconsistent. However, in practice, some courts have stipulated that serious cases and difficult cases within the jurisdiction of this court must be submitted to the CRIC, especially criminal cases, and must be submitted to the CRIC; some are finalized by the collegial panel, but the detention director does not agree In this case, the case will be submitted to the CRIC. As for the revision of the Organic Law of the People’s Court, especially the “judicial committee,” the court presidents are even more benevolent, and wise men see the wisdom.