Judicial Independence Under Vision Of Constitutionalism

As we all known, principles and concepts of democracy, ruled by law and human rights that modern constitutionalism contain link together with modern judiciary, which is necessary abide in the judiciary working processes. The most important process among them is realizing judicial fairness by the way of judicial independence.The importance of judicial independence connects intensely with modern Constitutionalism and forms an overall. Therefore, both can not part from each other. The article aims at inspect judicial system under the vision of constitutionalism and pays attention to the problem of judicial independence. It contains three parts as following: the first part attempts to lay the foundation for the vision of Constitutionalism from the concept and the connotation of Constitutional government, which is the theoretical premise we thoroughly discusses the judicial independence. Obviously, only inspect judicial independence from the vision of Constitutionalism, can we inevitably make it become the most important problem in a Constitutional construction, enable the importance of the judicial independence to display fully and make the of value the judicial independence manifest effectively. The second part pays attention to how to achieve the goal of judicial independence through the constitutional article, chooses certain representative national constitution according to the different legal system and analyzes them how to dispose the jurisdiction and how to stipulate and safeguard their judicial independence in the Constitution. This kind of comparison research about constitutional text is the inevitable request and the basic content of the vision of constitutional government. Only by this way can we understand the connotation and the value of judicial independence well. It is not the constitutional content of some or two nations, but is the essential ingredient and the basic content of the various countries that carry out the Constitutional construction. The third part puts the problem of judicial independence into the Chinese environment, pays attention to the judicial reform and the judicial independence that Constitutional construction need in our country. It can be said that the current and the next goal of judicial reform in our country, will be realizing judicial fairness. However, the way of realizing judicial fairness is accomplishing the system of judicial independence. Where there is the judicial independence, there is the judicial fairness. The problem of how to realize the judicial independence is the basic one that the modern judicial reform and the constitutional government construction can not avoid. The problem of how to guarantee the judicial independence has become the concern of judicial reform, it needs to obtain from the multi-level and multi- angles. Obviously, the vision of Constitutionalism is the most fundamentals way in various levels and angles.This article throughout bases on the vision of Constitutionalism, namely starting from the basic principle of the Constitutionalism about Constitutional law, analyses the connotation and the value of Constitutionalism, expounds the intrinsic connection between Constitutional construction and the judicial independence, then proposes certain suggestions for judicial reform in our country.During the constitutional construction in China, the principles and the ideas of democracy, government by law and human rights that modern Constitutionalism contains will continue to pass through and to control China's legal system; at the meantime it is the conditions that the Constitutional countries should have to realize social fairness through jurisdiction. The judicial independence not only continues to act as the modern constitutional powerful safeguard, but also is the one of premises that Constitutional China depends to realize.