Essay On Independence Of Judges

The public trusty of court comes from the judicial actives, which has the characters of independence and terminate. The operation of trail is finally realized by a personification carrier – the judge. The establishment and guarantee of the independence of judges becomes the core and foundation stone of its judicial system in all modern legal states. According to the establishment of the policy of the construction of socialist country of rule by law, the justice of judicatory becomes the core of the construction. The reason the present wanting of the justice of judicatory is not only the for the quality of the whole judge, but also has some more deep-seated reason of the system. The drawback of the judicatory system in China is that there is no real independence of judges. Therefore, it should be a major question for research for jurisprudents to discuss the possibility and means of realization in the present social condition. The whole thesis consists four parts: In part one, the author discusses the comparative thinking of the independence of judges and the rule of law. The independence of judicatory concludes the independence of court and the independence of judges, according to the technical point of view. The independence of court is the primary stage and the independence of judges is the high-level stage. Independence of judges denotes the independence of adjudication of judges. It is said that there is no modern judiciary without independence of judges. On one hand, the perfect of the rule of law is the external basis of the independence of judges. First, mature environment of rule by law provides the precondition for the correct legal thinking of judges; second, it is also provided the stable guarantee of their career; third, it provides the foundation for judges to exert their power and to preserve the legal rights and interests of public. On the other hand, the independent judges is the internal need for a perfect system of rule of law. The independence of judges is the core content of the independence of judicatory, and it is necessary for the realization of the freedom of citizen, the fair of process, the justice and the authority of judicatory, etc. It is the final gate of the protection of the authority of law and the social justice of modern society. And also, the author discusses that the establishment of the system of the independence of judges is an opportunity for the shaping of the modern spirit of rule of law in China.In part two, the author tries to discuss the change of the development of the system of independence of judges in western countries. According to the inspecting and analyzing the theoretical basis of independence of judges in western counties – theory of the separation of power and the system of independence of judges in USA, Britain, France and Germany, then comes to the conclusion that whatever in the continental law system or the Anglo-American law system, the independence of judges is the basic demand and the inner factor of development, and there is a perfect system to guarantee the independence of judges; (1) There is strict demand for the competence of judges and popular and perfect training system ;(2)There are strict process of the selection of judges, in many countries, it is the head of nation who has the power to appoint the judge, by this way to show the great status of judge; (3)There is perfect guarantee system of judges. First, their income is high, even when they are retired; second, this profession is stable, it is for life; third, judge has the judicatory right of immunity, their action and words during the trail will not be accused by law; (4) There is a perfect system of supervision. There are a lot of experience and methods which is worth using for reference for us.In part three, the study and critique of the function of judges in China. For a long time, our judicatory system is a blending of judicatory and administration, and judicatory is subject to administration. There is no independence of judges because the administration is stronger...