102 THE AMERICAN JOURNAL OF COMPARATIVE LAW [Vol.39 actors have the powers to petition as well as to control the process of reopening final judgments. According to the Organic Law of the People's Courts,courts of every level must establish a judicial committee,38 comprised of the president and the vice-presidents of the court,and the chief judge and associate chief judges of each division of the court.Significantly, the chief procurator of the same level may also sit on the judicial committee,albeit as a non-voting member.39 The judicial committee of the people's court at each level is appointed and removed by the standing committee of the people's congress at the corresponding level.40 The general responsibility of the judicial committee is "to sum up judicial experience and to discuss difficult and important cases and other issues relating to judicial work."41 Hence,it is the judicial committee,not the panel which actually presides at trial,that dis- cusses and decides all "difficult and important"issues,42 including whether a case should be re-opened pursuant to adjudication super- vision.The decision made by the judicial committee is binding on the collegiate panel.43 The most critical member of the judicial committee is the presi- dent of the court,who is elected by the local people's congress at the corresponding level of authority.44 The court president is responsi- ble for the administration of the court and further,approves all de- cisions and judgments issued by the court.45 With such authority,a 38.People's Court Law,ch.I,art.11 39.People's Court Law,ch.I,art.11. 40.Id.Thus,the judicial committee of the Supreme People's Court is appointed and removed by the Standing Committee of the National People's Congress. 41.According to some scholars,the judicial committee is the court's highest re- search and adjudication unit.Ka Changjiu,"Court Reform,"Faxue (Jurisprudence), No.1,1990,p.150. 42.The deliberations are not made public to the defendant and the decision is reached by a majority vote of members of the judicial committee.Zhonghua Renmin Gonghe Guo Xingshi Susong Fa Jianming Jiaocheng at 269.A major criti- cism about the involvement o:judicial committees in judicial work is that it decides the case before trial.See Zhou Shimin,"To Improve the Quality of a Judicial Com- mittee's Discussion and Review of Cases,"Zhengfa Luntan(Tribune of Political Sci- ence and Law),No.2,1988 at 30. 43.A Brief Introduction to the People's Court of the People's Republic of China, published by The General Office of the Supreme People's Court of the People's Re- public of China (1988)[hereinafter A Brief Introduction to the People's Court of the P.RC.]at 9. 44.People's Court Law,ch.III,art.35.The term of the court president is the same as that of the people's congress which elected him,but the people's congress has the power to remove presidents from office before the expiration of the term. People's Court Law,ch.III,art.36.If the people's congress is not in session,the standing committee can remove the court president by reporting the matter to the people's court at the next higher level for submission to the standing committee of the people's congress at the next higher level for approval.Id. 45.Zhonghua Renmin Gonghe Guo Xingshi Susong Fa Jianming Jiaocheng at This content downloaded by the authorized user from 192.168.82.207 on Thu,15 Nov 2012 12:27:25 PM All use subject to JSTOR Terms and Conditions102 THE AMERICAN JOURNAL OF COMPARATIVE LAW [Vol. 39 actors have the powers to petition as well as to control the process of reopening final judgments. According to the Organic Law of the People's Courts, courts of every level must establish a judicial committee,`8 comprised of the president and the vice-presidents of the court, and the chief judge and associate chief judges of each division of the court. Significantly, the chief procurator of the same level may also sit on the judicial committee, albeit as a non-voting member.39 The judicial committee of the people's court at each level is appointed and removed by the standing committee of the people's congress at the corresponding level.40 The general responsibility of the judicial committee is "to sum up judicial experience and to discuss difficult and important cases and other issues relating to judicial work."'41 Hence, it is the judicial committee, not the panel which actually presides at trial, that dis￾cusses and decides all "difficult and important" issues,42 including whether a case should be re-opened pursuant to adjudication super￾vision. The decision made by the judicial committee is binding on the collegiate panel.43 The most critical member of the judicial committee is the presi￾dent of the court, who is elected by the local people's congress at the corresponding level of authority." The court president is responsi￾ble for the administration of the court and further, approves all de￾cisions and judgments issued by the court.45 With such authority, a 38. People's Court Law, ch. I, art. 11. 39. People's Court Law, ch. I, art. 11. 40. Id. Thus, the judicial committee of the Supreme People's Court is appointed and removed by the Standing Committee of the National People's Congress. 41. According to some scholars, the judicial committee is the court's highest re￾search and adjudication unit. Ka Changjiu, "Court Reform," Faxue (Jurisprudence), No. 1, 1990, p. 150. 42. The deliberations are not made public to the defendant and the decision is reached by a majority vote of members of the judicial committee. Zhonghua Renmin Gonghe Guo Xingshi Susong Fa Jianming Jiaocheng at 269. A major criti￾cism about the involvement uI judicial committees in judicial work is that it decides the case before trial. See Zhou Shimin, "To Improve the Quality of a Judicial Com￾mittee's Discussion and Review of Cases," Zhengfa Luntan (Tribune of Political Sci￾ence and Law), No. 2, 1988 at 30. 43. A Brief Introduction to the People's Court of the People's Republic of China, published by The General Office of the Supreme People's Court of the People's Re￾public of China (1988) [hereinafter A Brief Introduction to the People's Court of the P.RC.] at 9. 44. People's Court Law, ch. III, art. 35. The term of the court president is the same as that of the people's congress which elected him, but the people's congress has the power to remove presidents from office before the expiration of the term. People's Court Law, ch. III, art. 36. If the people's congress is not in session, the standing committee can remove the court president by reporting the matter to the people's court at the next higher level for submission to the standing committee of the people's congress at the next higher level for approval. Id. 45. Zhonghua Renmin Gonghe Guo Xingshi Susong Fa Jianming Jiaocheng at This content downloaded by the authorized user from 192.168.82.207 on Thu, 15 Nov 2012 12:27:25 PM All use subject to JSTOR Terms and Conditions