Abstract: The judicial organization is composed of judges, who exercise adjudicative power on behalf of the people’s court, reflecting a different operation mode from those of the legislative and administrative organizations. Since the “First Five-Year Plan”, the judicial organization system has not changed much, but the active reform practice reflects a series of theoretical characteristics of the judicial organization, such as representativeness, legality, equality, procedure and the complexity of the trial committee. At present, there are still many problems in the reform of judicial responsibility system, such as the lack of representation of the judicial organization, the inadequate protection of the procedural rights of the parties, and these problems are all related to the immaturity of the theory. The systematic reform theory provides corresponding solutions to such problems as “unity of form and independence of reality”, division of responsibility, procedure of the trial committee, and “deformation” of the trial organization.
Key Words: Judicial Organization; Judicial Reform; Theoretical Dilemma; Trial Committee
Source: This article is published in the fifth issue of 2022 in Tribune of Political Science and Law, with notes omitted
Tongji law
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