Study Of The Independence Of Judges In The Judicial Reform In China

The judicial independence is a cardinal principle of modern legal system. The law depends deeply on the independence of judicial activities under the judicial institutions, thus the realization of rule by law in our socialist society should be based on the judicial independence. Moreover, the independence of the judge is the core of the judicial independence. The judicial history of our country and the present judicial system have not been able to provide good opportunity for the independence in many aspects, instead, these make obstacles to the independence of the judges. According to this text, the realization of the judge independence is not only based on the stipulation of the Constitution and the law, but more importantly it should be carried out in reality. At present, China's ongoing reform of judicial system mainly focuses on the reform of judges with the purpose of establishing its independence. To achieve the independence of judges in a real sense, the external and internal relations should be properly handled concerning this aspect. For the judicial institution, to have good relations with the exterior world means to have good relations with the leadership from the CPC and with the NPC. On the other hand, to have good relations with the interior world means to handle the relationship between the function of the court and administration within it properly. Besides, some ideas are also proposed in this text involving the impact on the independence of judges because of the present legal system. Moreover, the principle of the independence of judges should be prescribed in the Constitution. The judicial institutions are very important for not being depended on the local government in the aspects of ministry of personnel and finance. Nevertheless, it is far from enough. The standard and sound systems should be set up concerning in choosing judges, with the purpose of accelerating the process of the judicial independence and driving China into a socialist modernization which governed by law.