On The Realization Of The Judge's Independence

Judge independence is a important constitution principle, in judicial practice implement judge independent principle for correct handling social dispute, realization is fair , just goal have very important meaning. However, because of the defect on current system, add the influence of other some factors, cause to disturb and obstruct the condition of judge independence illegally occur from time to tome. This paper, according to the existent factor of obstruction judge dependence in realistic life, has pointed out the channel that realizes the independence of judge. This paper excludes foreword and knot language part, minute 5 Chapter.Chapterl, History and the basic intension of judge independence develop. Book Zhang have elaborated the basic meaning of judge independence, judge independence includes the self independence of judge with him the two aspects of my mutual independence. Book Zhang still use the method of comparison have analysed the relation of judge independent and judicial independence and judicial independence. It is briefly general to have stated the historical development of judge independent theory.Chapter2, Two fundamental laws are that the general situation of major national judge independence is compared with discrepancy. Book Zhang the characteristic that has introduced each and the basic condition of Britain and beautiful, 3 law law official independences briefly , and for the two departments of fundamental law, the discrepancy of judge independent problem is compared.Chapters, The problem of our country of independently existentjudge. Book Zhang from the two aspects of inside and outside start with , have investigated to affect the problem of our country of independently existent judge.Chapter4, Affect the case study of the judge independence of our country. Think that produce the reason that affects judge independent problem to lie in ideological aspect,: People legal supreme concept is short of to lose , is disgusted Song the existence of idea and the deviation on judge independent knowledge, it is that obstruction judge independence realizes the ideological source that problem produces; On political system design, do not give the deserved position of judiciary and judge; In the aspect of economic system, judicial funds are pulled out by local stroke , cause court and judge to rely on local government, and then make the place of judicial power melt; For specific aspect, judge independence lacks guarantee, is machinemade.The official of 5th of orderly way is independent to realize channel. This Zhang divide into 5 parts expound. According to the problem that affects the independence of judge , have put forward the countermeasure of solution , think that should melt through the elite of judge , professionalism construction; Perfect the right guarantee of judge system; Handle the relation of judge independent and external environment correctly; Reform judicial internal management system; The system design of some morals attainment aspects of promotion judge troops reaches the goal of judge independence.