On The Principle Of Judicial Independence And Judicial System Reform In China

Judicial system reform is an important part of China's political reform, Political reform and economic restructuring closely, So, in a sensef, The extent of the judicial system, directly related to the success of economic reform The principle of judicial independence, the modern rule of law the basic principles, Is the realization of judicial fairness, justice, the basis for achieving social justice, Constitutional design in China, to a certain extent, comply with the principle of judicial independence.but, Implementation of the principle subject to various constraints, Appeared in China's judicial activities, localization and administrative issues, undermining. trials Independent is an very important part of china judicial independence.The scope of judicial independence, Achieve to the greatest extent, for the purpose of judicial independence in China; China's Judicial System have Contrary to the principle of existence of the phenomenon of judicial independenc to The paper analyzes. Finally, the improvement of judicial independence in China to conduct systematic research, designThis article discusses the three parts:part 1, Historical Origins of Judicial Independence and Elements. This part,From the perspective of historical development,The meaning of the principle of judicial independence to summarized. Then,Elaborated into China from the judicial independence, in the Qing Dynasty,Until, of New China under the constitutional system, judicial independence is the use and development,part 2.China's judicial system, there are violations of the principle of judicial independence some of the major issues.This part of There are various reasons from outside to bound the jurisdiction of China.Within the court system Localization and administration,Discusses the three aspects.part 3.Guided by the principle of judicial independence,Try context of the existing constitutional,To achieve as much as possible the independent exercise of jurisdiction at china.To achieve practical significance of this article.The principle of judicial independence has gone through three stages.The first is the independence of judicial power, then Independence of the judiciary to exercise judicial power,at end Judges exercise judicial power independently.China's constitutional system, judicial independence of the mechanism established.In the course of carrying out the purposes of constrained.to be a basic rule of law, We should be within the existing system The greatest degree of compliance, implementation of the principle of judicial independence.Judicial independence in China is still in the independence of the Court's preliminary.The direction of our trial system,Should be based on the existing system to further ensure the independence of the courts to exercise jurisdiction Finally, to achieve the independence of trial judges.