The Independence Of Judges In The Modern Judicial Philosophy Perspective

This article discussed the modern judicature idea concept and the basic connotation as well as the Chinese and foreign various countries judicature idea development evolution. Explicitly proposed the modern judicature idea core is judge independent, at the same time realizes "fair and the efficiency" this judicial eternal subject starting point and the foothold is inevitably judge is independent.After introducing the situation of Chinese judge independent in the history, this article introduced contemporary Chinese judge independent actual condition, points out not only has some unreasonable institution arrangement and some non- institutional factors in the court interior which disturbs judge independently to exercise the jurisdiction, at the same time in the layer of state power , the party committee, National People's Congress and the government can restrict the court judge independently in some degree. Not only so, the media,which named "the uncrowned king" .supervising overly, the unreasonable punishment system such as misjudged responsibility in the court interior,and many outstanding judge to change job because of the uncertain professional future,the lower treatment an so on ,these all make judge independent not realize.Finally, according to judge should however the situation , unifying our country the national condition, the author proposed own tentative plan: Firstly,we must revise consummates the legislation, confirmed the court the constitution status, further is clear about with the state power institution's relations, correctly understands the party leader, Secondly, reconstructs the judicial system, by redividing the judicial area to avoid the administrative organ and so on not when restricts.Thirdly, innovate the court interior system, we must establish conforms to the administration of justice rule trial organization form, at the same time urges the judicial commission function transformation;wants standard strict judge tf appoint the qualifications and the procedure, guarantees judge's professionalism and the specialization;we must establish effective judge to safeguard the system, guaranteed judge the community can throw except the selfish motives, put his heart into the investment official duty work;we must recarefully examine present judge at the same time occupation trainingto consummate existing judge the disciplinary punishment system, achieves the responsibility, authority and benefits phase equilibrium truly;Fourthly, we must legislate the standard the relations between the court and the media.