| Content:On September 11,2009,the former Taiwan "president" Chen Shui-bian was sentenced to life imprisonment for corruption, June 11,2010 commuted to 20 years. This is the first time that in history of the Chinese people sentenced a former top ruler guilty by law and evidence, which is a very great thing. Despite the Green Camp repeated claims that Chen Shui-bian and his family for the prosecution was political persecution,but after a three-year, several sessions of tug of war,finally have a great satisfaction of the ending. This case is a whole show of judicial impartiality and independence of Taiwan.On Taiwan's authoritarian era, Justice became a tool for the KMT suppressing dissent, after two decades of judicial reform finally established the judiciary that beyond the dispute between the partys, arbitrary power to resist erosion of execution, Progress in the rule of law is worth studying the Mainland.Both of the Mainland and Taiwan shair the same root, belong to the Confucian cultural background, have experienced large-scale migration and inheritance laws, belong to the civil law, have developed export-oriented market economy, have experienced authoritarian politics,therefore, the successful experience of Taiwan's judicial reform on the mainland has some reference value.The article compared the four aspects of judicial independence in Taiwan and the Mainland to achieve the difficult process ofjudicial independence from the political transformation,economic transformation,the progress of the legal professional community;,system construction.And for similarities and differences between the two on the continent to achieve independence of the judiciary path suggested.The article is divided into four parts:at the beginning of the first part it explains the concept of judicial independence, largely independence of judicial can be divided into external and internal independence. Second, analyze the value of judicial independence, inTaiwan and the Mainland on the status of judicial independence.Finally, made a brief introduction of the judicial system in Taiwan.Independence of the judiciary as an important constitutional principle, is important to resist the wanton expansion of executive power and also ecessary to protect human rights.The second part is mainly from the political transition, economic restructuring, the maturity of the legal professional community and system construction,discusses the realization of judicial independence in Taiwan, the macro context and institutional change.The progress of justice is inseparable from the impact of political environment, also closely linked with the economic level.At the same time the quality of judicial personnel is directly related to the degree of realization of judicial independence.System construction is inseparable from all walks of life to promote and enlightened ruler.Therefore, the time when the macro-environment changes coupled with the awakening of practitioners and civil forces to promote Taiwan's judicial reform launched in full swing, finally independence of the judiciary has made considerable progressThe third chapter mainly discusses realization of judicial independence in Taiwan, the contributing factors relevant aspects of the Mainland to do the inspection. Due to the special political environment far-reaching impact the judicial system and the Soviet Union,the process of achieving independence of the judiciary is more difficult.The fourth chapter propose some recommendations on independent judicial system of the Mainland.The path of political reform, including inner-party democracy, the progressive realization of the direct election economic restructuring, including state-owned enterprises to exit the field of competition, reduce the price of intervention.In addition,it should continue to improve the quality of judicial officers. System construction, including budgetary independence to improve the party's leadership over the work of justice, the inner workings of the court system reforms and so on.
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