The System Construction Research Of Judicature Independence Of China

Judicature independence principle is a fimdamental law criterion, which is universally acknowledged and entrenched by contemporary states ruled by law Tracing the history of judicature independence and combining the criterion accepted by international society and the law rule of the most countries in the world, we can know its connotation that courts and judges independently perform judicial power according to law and obey only law but any other powers. Our law also have correlative rule about it .The Article 126 of constitution of People抯 Republic of China: The People's courts independently perform judicial power according to law and reject interfering of administration, mass organizations and individuals. Furthermore, other laws also entrench the fundamental principle. While, for a long time, judicial power are often interfered in our judicial practice. Such phenomena as unjust judicature, justice corruption affect the canying out of judicature independence. So our country's judicature independence is not sound. In the process of implementing the administrating strategy as anaging state affairs by law and constructing the socialism country ruled by laid? how to guarantee the executing of judicature independence is a important problem of judicial structural reform and have great theoretic and practical meanings. This paper makes clear the theoretical premise that judicature is trial, judicial power is trial power and judicature independence is trial independence. Upon which it also reveals the connotation of judicature independence and theoretically analyses that the powers of organs of public security and supervise are not belong to the judicial power. The paper analyses the theoretical and realistic foundation upon which judicature independence can be carried out in china, as well as its developing state and characteristics. Moreover, it emphatically analyses a lot of factors that judicature independence is not sound in chin& Of which judicial structure is the most important factor. In the last palt, it put forwanl a certain number of consideralions concerning how to construct the soimd judicature independence in china; judicature is not only a judicial item, but also a political item, a cultural item etc. Consequently, it determines that the sound judicature independence in china is an immense social systematic engineering project...