谈建立审判委员会委员的回避制度

我国三大诉讼法对于审判委员会委员的回避没有规定,这给案件的公正审理带来许多不利的影响。作为法院内部最高审判组织的审判委员会,虽然不直接参与案件的开庭审理,但它对案件处理的讨论决定,独任审判员和合议庭却必须执行。文章就我国目前审判委员会委员的回避制度存在的问题,回避的方式、主体、事由、程序、效力及保障等方面作了探讨。

On Building Withdrawal System of the Members of the Adjudicatory Committee

There are no rules about the withdrawal of members of the adjudicatory committee in our country's three major procedure laws, which brings a lot of unfavorable influence to cases' fairness. As the highest judicial organization inside a court, though judicial committee does not judge cases directly, its discussed decisions to the cases must be carried out by solo judge and collegial bench. This article probes into the existing problems of current withdrawal system of the members of the adjudicatory committee and the way, subject, cause, procedure, effectiveness and guarantee of withdrawal.