On Judicial Independence

Trial independence is a constitution principle in China ,which is also generally followed and really practiced by most countries in the world .But for different reasons ,when Chinese people's courts are making trial power ,they can't do it independently ,for they are often disturbed by many parts. In existing systems, it has been an important and urgent topic of theory and reality for how to realize trial independence of Chinese characteristics .Based on this ,to make clear what is trial independence ,the article makes discussions on the foundation ,function and theoretical source of trial independence, then briefly reviews the tortuous developing process of trial independence in China ,and chiefly analyses the restricted elements which affect Chinese trial independence in three parts . On this basis ,the article thinks in order to make trial independence not stay only in legislative level, or exist only as objective pursuing and ideal advocacy ,trial power should be given strength and method to balance other national power ,it should be made that the people's courts make their power abiding by special judicial patterns ,not affected or controlled by administration organs ,social organizations and personal view and behavior .According to clear thinking as before ,the article points out ,in order to realize the target of trial independence ,it can't be satisfied with repair of now available rules ,it should be made to reform basically existing Chinese leader, finance and personnel systems etc, make the people's courts aloof independent from all levels local governments ,strengthen the people's courts ability to resist disturbance from different power especially administrative power .Only in this way ,can trial independence of Chinese characteristics get due living space and probably become vivid social reality in our country.