Reform In Judicature--The Only Road To The Fulfillment Of Judicial Impartiality

Judicial impartiality is the glorious ideal that humankind has been pursuing. In substance, judicial organs will uphold and reflect the principle of impartiality and justice to accurately implement the content and value of existing laws established in application of the process and outcome of the law. Nevertheless, while striving after the impartiality, people have found that partiality is aggravating their worries. Although in recent years, a fairly-large scope of reform has been effected within the judicial bodies from top to bottom, the result is less satisfactory. The problems revealed in reform are far beyond the power of the judicial bodies by themselves. Various impediments lie in realizing judicial impartiality. And the status quo of judicature is worrying: a great variety of the externally intervening factors, the imperfect secure mechanisms of justice, the unscientific establishment of he safeguard system of judges. When sword of justice in operation, tendencies to localization, administration and implementation are becoming increasingly intense. All these are far away from the demands of judicial impartiality. With the formation of market-oriented economy and the steady improvement in the construction of democratic politics in china, the reformation of judicature has started on a regular journey. The basic objective of the judicial reform is the judicial impartiality. And the fundamental way out for the realization of the judicial impartiality lies in its reformation. On the basis of the principle of rule of law in constitution and by using the advanced experience of china and foreign countries for reference, We ought to reform the outdated judicial system which doesn't conform to the operating law of administration of justice inside, to better the leadership system of judiciary by the party, to improve the relationship of power between legislative bodies(the NPC at all levels) and judicial organs, to restrict the unjustified interventions of judicial powers by administrative authority, and to repress the local, implemental and administrative trends in judicial powers. And within the operating mechanism of judicial powers, we should perfect the selection of judges and their job security and enhance the requisite qualifications to be judges. Furthermore, we must do away with the institution of requesting instructions, reporting and examining and giving instructions, and the like between the higher level and the lower level, which violates the nature of sword of justice. Impartiality is the primary demand of judicature. It is also the common goal that all the people in the world long to realize throughout the ages. And at present the reforming of judicature is the only road to the realization of judicial impartiality in our country.