Research On Route Of Independent Trial System In Perspective Of Marxism

With people’s awareness of civil right and great progress of Chinese strategy on rule of law, the issue of judicial unfairness, unstrictness and corruption are increasingly prominent. As the final judgment system of the social fairness, justice, the development of the democracy and the rule of law, the judicial relief system is becoming more and more suited to the development of democracy and the rule of law. The core problem of the reform is on how to adapt to the trial of judge independence witnessed trial, free and fair referee. This article briefly analyzes Engels Marx in the critique of the judicial system of the western capitalism, the Marx doctrine on the independent trial and other legal and judicial ideas. They expounded the jurisdiction of the political and social dual characteristics, in class society as the will of the ruling class of the legal and judicial which must play the ruling class deeply. At the national political level, trial may not be necessarily independent, serve the interests of the ruling class; at the same time in the social governance, the ruling class takes power in order to maintain social and political stability, and other major class interests, which is bound to implement the independent trial (judicial independence, judicial independence) a free trial, according with the principle of people’s sovereignty, separation of powers, rights and other rights setting against the tyranny of the jurisdiction arrogation of the trend of the times. In order to identify reasonable rules, neutral facts and the law of free thinking formation are convinced just to meet people and the pursuit of fairness and justice. The purpose of freedom and liberation of the trial, independent trials including the independence of the court, independent jury, the judge independence and so on are to improve the trial democracy, the trial public and judicial supervision for the protection of the development of the productive forces, with the demise of the country. Engels Marx learned from the theory and practice of judicial independence in western capitalism, but also profoundly exposed the hypocrisy of the bourgeois justice. In this paper, the impact of various constraints encountered in the trial of the people’s Court of independent trial of the interference, including the cases of the lack of trial, the court set the "local" easy subject to local government, the internal administrative power and administrative management of the intervention, the judge’s professional security, inadequate supervision, judicial corruption, etc., are the focus of the current reform issues.This paper argues that the reform of the independent trial should be carried out from the external and internal two patterns at the same time. About the external reform, firstly,the main idea is to balance the people’s Congress system under the "bicameral" political status, the court will be established as the government agencies at all levels of deputy level specifications; Secondly, is to regulate the work of the court Party regulations of the Party leadership, stated the positive and negative power list, especially for the case of the legislative power list; specification of the NPC and CPPCC, and other social organizations of youth and women on the court trial supervision; special legislation to regulate news media including the Internet on the court trial supervision, judicial activities of the improper interference prohibition; improper intervention of the legislative building to ban improper interference Communist Party and state officials on trial activities; thirdly, is the court security and property management and two counties government decoupling, seen by the central security management in the long run; the fourthly is the establishment of the administrative division and Appropriate separation of the jurisdiction system; fifthly, is to reform and improve the people’s jury system. On internal reform, firstly, is reform of judge’s elite, to ensure that there is an ability of independent trial judge; strengthen the judges to perform their duties to protect mechanism, ensure the judge dare to judicial independence; reform and strengthen the judge punishment mechanism to ensure justice’s independent trial effect; the second is the reform to carry out the "collegiate system" as the core of the trial right allocation; the third is to explore the presiding judge handling the responsibility system reform; the fourth is to reform the trial management right and the court administrative power, ensure right not to infringe judicial independence; the fifth is to reform and standardize the lower court on the trial level relations, to ensure that the lower court trial in independent operation.