The Realization Of The Independence Of The Judiciary

Fairness is an eternal topic for mankind and judicial fairness is a basic target for a modern nation with rule of law. Abroad successful practices express judicial independence is an essential premise for realizing judicial fairness. Only the judge at judgment hour expel the outsider interference and obey the law and independently take up the case, can the judicial behavior with authority be guaranteed and judicial fairness come into true. Therefore, judicial independence becomes a constitution's principle and the rule of law principle of the nation .Judicial independence includes the independence of judicial power Judicial organ and judge ;In our country ,there are a lot of interference factors. For instance ,there are interference factors of administrative organ ,power organ and local Party committee,etc. There are all kinds of factors of influencing judicial independence including the tradition ,out of date opinion , current judicial system , court system and judge's quality. Establishing the rule of law nation calls fair efficient judgment and judicial independence. In our country, in order to realize the judicial independence, we should attain: First, change thought and set up the idea of judicial independence; Second, integrate the authority of the current judicial system, heavy tree judicial organ; Third, dissolve administrative factors of internal system ,expel the administrative interference and guarantee the judge take up the case independently. At the same time, for preventing and stopping the judicial independence turn into the judicial arbitrary or judicial tyranny, we should notice how to handle the relation between judicial independence and the direct of the medium and the conference of people's representative.