The Study Of The Judge's Independent Jurisdiction

The judge is the main body that the court administers justice , it is the key links of administration of justice and inherent demand of justice of a society governed by law that the judge administers justice independently , and of our country judicial goal of reform compatible too . This text begins from the historical development of judge of our country , it is analysed that the establishment of the judge principle in various countries (including such socialist states as the former Soviet Union ,etc. ) and impact on our country independently, it is can find out no matter the capitalist country or socialist state , most countries carry on judge trial independently establish in legislation as one constitution principle , though the formulation of the judicial system of our country has been influenced greatly by the former Soviet Union's judicial system , but that court's independence not judge have become the principle of a constitution finally. As our country joins WTO , the development at full speed of the economy and of the society , the less the current independent principle of court adapt to our country's incorporating the current situation of the international big family. Judicial power localization; Administration management system inside the court; And the judge's whole quality is not high , lack scientific management system , etc., it all influences the judge to administer justice independently . So , in order to set up and perfect existing judicial system as soon as possible , set up real judge system independently , we should catch the key to the question , suit the remedy to the case ; Firstly , define the judge's independent jurisdiction in legislation , offer the legal guarantee that the judge administers justice independently ; Secondly , change the situation that the district court is limited by in the local government in various fields, realize the goal of the court funds arranged steply by the state revenue , at the same time , reform the function of the committee progressively, cancel the method that judge , president examine the case ; Thirdly , improve the judge's quality in an all-round way (its including the judge's professional ethics level and professional qualifications), define the judge's responsibility too while improving quality. Certainly, we will see that there is a question that the authority restrict mutually while setting up and ensuring the judge's independent jurisdiction , strengthen and perfect existing supervision mechanism , make the judge accomplish judgement just while enjoying independent jurisdiction , only in this way , the judge could be independent jurisdiction and realize the real independent trial .