On Application Of The Principle Of Judicial Independence

Judicial independence generally means that judicial organs independently exercise trial power wihout the interference of legislative organs, adminstrative organs, social groups and individuals. Part one introduces one hundred year's history of construction of Chinese judicial independence system. Based on the histoy, the conclusion is that the idea of judicial independence was introduced into China one hundred years ago, and was embodied into consititution or documents of constitution in all history phases. Meanwhile, different systems of protecting judicial independece have been correspondingly constructed. However, owing to absence of complete democracy, acceptance of idea of rule by law for legislative organs, administrative organs and some other powerful organs, and unawareness of the value of judicial independence by the masses, China currently don't make judicial independence become true. In conclusion, judicial independence is not purely political system, so its realization needs construction of demoracy, establishment of idea of rule by law and awareness of rule by law in the masses. Part two concisely expounds understanding and practice of judicial independence in British, America, France and other developed countries. In fact, these countries have different understandings on judicial independence because of history, culture, politices and other factors, so, they choose different modes f judicial independence and the degrees of judicial independence are also different. Although, these countries established the principle of judicial independence very early and built a set of perfect system to guarantee judicial independence, judicial organs and judges are hardly totally independent, because undeniable facts are that the selection and promotion of judges, trial of cases are influenced by political orientation and value of philosophy which are decided by party politics, political structure, birth and education backgrouds of judges.Part three points out that the status of Chinese judicial organs in constitution and political system should be taken into consideration when choosing and designing mode and system of judicial independence. The designed system should safeguard coherence with current constitutional system and political system, and also take social culture environment and other factors into consideration. This paper discusses the status of judicial organs from three perspectives: first one is the relationship between judicial organs and people's congress. Second one is the relationship between judicial and admistrative organs. The two organs are equal in constitution?; judicial organs have the power to review the legality of concrete administrative action, but no power to review absolute administrative action. In other words, judicial organs have limited power to supervies administrative power, but administrative organs are higher than judicial organs in political system. Third one is the relaitonship between judicial organs and communist party. Judicial organs must be under the leadship of party in politics and ideology, but the party cann't interferer with independent trial of judicial organs. The social culture backgroud that Chinese judicial organs lie on is that unawareness of judicial organs' status in constitution and no spirit of rule by law which is the basis of judicial independence. The characteristics of judicial organs in China are as follows?: fragility of judicial organs and low level of judges' knowledge and ethics. Consequently, mode of currently judicial independence can be mantained, i.e, judicial organs have independent organization system, and judicial organs independently exercise trial power without intervention of administrative organs, and social groups and individuals?; judicail organs supervise administrative organs within a certain scope?; judicial organs are accountable to and under surveillance of people's congress, and judicial organs are under leadership of party in politics and ideology, but people's congress and party cann't inte...