A Comparative Study On The Independent Trial Of Judges In Mainland China And Taiwan

Independent judicial system is a national judicial system mature manifestation. From the establishment to the development of China’s independent judicial system was with the history of the revolutionary construction and has its own particularity, namely in mainland China and Taiwan established a distinctive system of independent trial. The author by comparing with the perspective of Chinese independent trial system across the Taiwan straits, and analyzes the existing problems on both sides of the system independent trial judge, finally put forward the constructive opinions for main purpose, in order to make a little contributions to the theory of unity to achieve the rule of law.This essay is divided into four parts:The first part mainly expounded the general theory of the judge independent judicial system. Starting from the perspective of the concept and characteristics, defined the meaning of independent trial judge system and made a concept to distinguish with other similar legal terminology. At the same time, this essay adopt the method of the theoretical arguments for the existence of independent trial judge system should be the theoretical basis and value significance.The second part mainly introduces the development and status quo of cross-strait system independent trial judge. The historical research method was adopted this content combed the evolution and development of Chinese independent trial judge system. The author thinks that the development of Chinese independent judicial system can be summarized as \ "a sequence of two lines\", first by the introduction of western capitalism of the rule of law thought opened the door to the rule of law in China, China began to actively follow and build their own legal system. Along with the national government Taiwan, China’s system of justice’s independent trial began in two lines of onset the regional characteristics of the construction of rule of law system.The third part mainly compared the Taiwan and China mainland’s strait commonness and individuality of the judge independent judicial system design, and analysis the problem of the independent trial of two area constructed system. This part mainly adopts the comparative study method and chart analysis, the analysis of the relationship between the two areas, and found that the essential difference between both lies in China’s courts independently exercise the judicial power, and China’s Taiwan region is independently exercise the judicial power of the judge. The resulting two area on the system of complementary measures also produced very big difference, the two systems are each have advantages and disadvantages.The fourth part mainly aims at the third part puts forward the problems puts forward some perfect idea. Starting point is to construct the relatively independent judicial system, support independently exercise the judicial power of the judge. Based on pilot provinces in mainland China in recent years the presiding judge system as the key point, interior guarantee judicial independence in Taiwan as the logical starting point, to construct a power restriction and balance, responsibility to judge people, personnel and finance are relatively independent system of justice’s independent trial.