Study On The Principle Of Judicial Independent Of China

The principle of judicial independence is one of the important principles under modern legal states. It is mainly refers to the jurisdiction to exercise independent from external disturbance. The principle of judicial independence of separation theory originated from western, whose purpose is to ensure the realization of judicial justice. Although there is no provision of this principle in constitution and laws of China, but actually judicial independence has been always emphasized through our judicial practice. Simultaneously it is also insists on theoretical study of judicial independence in China, and has been developed a set of relatively mature theory. The Seventeenth National Congress of the Communist Party of China has staked a claim to build a socialist country under the rule of law, so it is a very important to complete our country's legal system. Therefore, it is pressing of the reform of China's judicial independence system. In this paper, the principle of judicial independence was studied and discussed.The first part of this paper is the introduction section. In this part, the author simply introduces the purpose and main content of this article.In the second part of this paper, the origin and historical process of judicial independence principle in the western countries is introduced. And from this, the author summarizes the basic meanings of the principle of judicial independence. In this part, the author points out that the principle of judicial independence originates from western countries, its theoretical basis is the theory of separation of powers. Today, the principle of judicial independence has been an international judicial principle, and accepted by most of the countries in the world.In the third part of this paper, the basic characteristics of the principle of judicial independence are summarized. The author points out that it is very necessary to establish the principle of judicial independence in our country. And the principle of judicial independence in China is a socialist country's judicial independence, has its own characteristics. The principle of judicial independence through long-term development, has formed some suitable for China's national conditions.In the forth part of this paper, the author points out some shortcomings of the current system of judicial independence in our country. The reasons of the shortcomings include our political system, the judicial system and public pressure. Through this part, the author has formed a clear understanding what is need to perfect during our judicial reform.In the last part of this paper, the author puts forward some opinions and Suggestions of China's judicial system reform. In the author's opinion, the key of the judicial independence system reforms is the court system reforms. Here the court system reform includes court system reform and the judge reform. At the same time, the author also puts forward some ideas how to supervise the judicial rights, and points out the importance to supervise.Anyhow, the author thinks that the judicial independence in China has its own characteristics: the principle of judicial independence in our country if based on the socialist theories and is established in political context of the people's congress system. This determines the judicial independence in our country has its own features, but also has some shortcomings different from western countries. So we need to make a valuable judicial reform and to develop our judicial independence system advanced.