Research On Judge Independence

IN recent years, the judical reform in our country has gotten important accomplishments, but it does not get breakthrough progress. The major reason is that people have theoretical misunderstanding in constructing the jurisdiction. People often consider court as the subject of the judical reform and construct the jurisdiction from the angle of court independence .And the judges - the real subject of judicial reform - have not been in place .The independence of the jurisdiction, as people claim, is a kind of independence by way of the court independence as the logic subject but the importance of judges in trial has not been and cannot be embodied deservedly .Thus ,in accordance with this ,the systems designed cannot protrude the closer inner logic relationship between judges and the jurisdiction .And both judge jurisdiction and their personal rights do not get effective guarantee .Meanwhile, judges often become victims in the conflicts between the jurisdiction and other powers ,such as the li hui juan incident in the luo yang middle court. More and more scholars have felt the defects existing in this repect and realized that the so - called judicial independence in essence is just the judges independence. This paper attempts to explore the significance and the institutional demand of judge independence in current situation via the consideration of judges as the logic subject of the judicial reform and construct the jurisdiction from two aspects of the constituational order and specific systems so as to realize judge independence on the meaning of rule of law. This paper has six parts.The first part is introduction. This part analyzes misunderstanding in constructing the jurisdiction in our country, which thinks of the court as the subjectof jurisdiction. This cause a lack in the constitution system and specific systems. Therefore, we should consider judge as the subject of jurisdiction, and construct it from the two aspects of the constitution order and specific system so that judge independence can be realized.The Second part is a general statement of judge independence. This part define the judge independence and analyzes the value of judge independence. First of all, the part gives an analysis of the concept of judge independence, makes its meaning clear through the comparison of the judicial independence, the court independence and judge independence, and points out the relativity of judge independence. Then this part presents the value of judge independence from the aspect of relationship between the judge independence and judge personality independence, judicial fairness and the maximum of the judicial efficiency and proves the importance of judge independence.The third part is talking about a shortage of the judge independence in our country. Take Li Hui Juan incident as example, this part describes the shortage of the judge independence at present in our country and analyzes its reason from two perspectives of the shortage of constitutional order and the specific system .The impropriety of constitutional order is improper in the relationship of the power disposition among the jurisdiction and the leadership of Chinese communist party, the supervisor of the National People's Congress, the administrative right, the right of procuratorial work as well as the internal power disposition within the jurisdiction .In the analysis of the imperfection in specific system ,this parts explains the systematic imperfection existing in such systems as the system of judge election and appointing ,guarantee system, punish system.The fourth part is to reconstruct the constitutional order of jurisdiction. To reconstruct jurisdiction is only to carry out reasonable separation of powers underexisting power structure. Base on the summary of the historical experience in separation of powers of the East and the West, This paper points out that the separation of powers is historical inevitable and we should carry out reasonable separation of powers in the current stage hi ch...