Research Into The Judge's Independence Of Trial

In recent years, with the progressive advance of the reform in the mode of trial, the judicial reform is receiving more and more attention paid by theoretical and practical circles. More and more people know that success or failure of the reform in the mode of trial and deepening of the judicial reform are closely bound up to the perfection of the judicial system and establishment of the principles of the judge's independence of trial in our country. In modern democratic countries with legal system, the judge's independence of trial (judicial independence) is a proposition which allowed of no dispute long ago, and is in common confirmed as basic legal principles. We can find books about this aspect now and then in our country, but most of these books lay emphasis on theoretical probe. I come from practical circles, so I plan to expound and prove problems concerning the judge's independence of trial in our country at judicial practical angle in order to benefit establishment of the principle of the judge's independence of trial in our country, perfection of the judicial system, promotion of the judicial reform and realization of justice. The thesis consists of three parts except introduction and conclusion, and has about 40,000 words, the structure of the thesis is as follows :Part â… , general theories on the judge's independence of trial. First, I have introduced three different understandings at present about implications of the judge's independence of trial, and have put emphasis on demostrating the viewpoint --- the independence of trial refers to the judge's independence of trial , I agree to this viewpoint. Secondly, there is a brief introduction to production, process and development of the independence principle of trial, in other words, we seek the origin of the judge's independence of trial.Part â…¡, the present situation of the judge's independence of trial in our country and rational analysis. In this part , we have analysis the present situation of the judge's independence of trial from three levels. First, we have analysed the present situation of judge. In the article, by means of a host of materials and data, we have analysed the quality of judges, guaranty of the independence of judge's dignity etc. Secondly, we have also analysed problems in the internal independence of judges concerning the system of examination and approval of the president of the court, the system of examination and approval of the presiding judge, the system of responsibility of the adjudication committee, the management of relations between superior and inferior courts. In this part, with a host of full and accurate materials we have also introduced, commented and analysed the progress of the system of presiding judge, the system of selection of chief judge and a single judge who adjudicates on his own and existent problems. This is the focal point of this part. Lastly, we have analysed the present situation of the external independence of judge, we lay stress on expounding and proving the influence of the National People's Congress, procuratorates and administrative authorities upon the judge's independence of trial.Part â…¢, tentative ideas of realizing the judge's independence of trial. This part is focal point of the thesis. The principal idea lies in establishing the principle of the judge's independence of trial and perfecting the system of judge. Among these, in the field of reducing judges on hand, we have put forward ideas of practicing fixed-quantity administration of judges and setting up assistant judge etc. I have some bold thinking and ideas in this part, and moreover, I have also put forward my own viewpoint with respect to reforming the judicial mechanism and ensuring the external independence of judge.Conclusion, on the basis of summing up the article, I have described in a simple way that the problem of the judge's independence of trial remains to be further probed and explored.