Judicial Independence And Supervision Of Judicial Conflict And Fit

The Conflicts and Inosculation between Judicial independence and Judicial SupervisionJudicial independence and judicial supervision are regarded as the basic requirement for the society by law. They two have an effect on each other judiciary independence is guaranteed by judiciary supervision, and judiciary supervision can prevent judicial power abusing," restraint-free power apt which cause the corruption "always warn us.However, we must know that there are avoidless conflicts between independence and supervision, which relates to the characteristics of country' s power construction, the patterns of legal practice as well as the theory defect One side, too much supervisions run out of their goal and do great damages to justice, the other side, court's system of our country and the judge's judicial quality are also unable to reach and defend judicial dignity independently. How to keep a harmonious balance between the judiciary independence and judiciary supervision is the aim of this thesis. The only feasible way is to reform present system and design new system, in order to make the two remedy , agree with each other under justice.So, at first, this thesis defines " judicial power " of what this text involves, and introduces some principals about judicial independence and judicial supervision. Then this text analyses the conflicts between them under the current political system in detail. At last, the system is structured. We should define purpose, manner and delimitation of the independence and supervision. On this base, it is very important to keep balance between the internal and external tension of judiciary power. We hope to realize our justice in this way: Our judges try according to law, intuitive knowledge and justice, preventing any improper intervene or influence. But they do not follow one's bent, on the premise of not damaging judicial independence, they must accept systematic, institutionalized, rational supervision, which can ensure them solve the social dispute , protect citizen's rights and safeguard the justice.