On Within The Court Prejudice To Judicial Independence Factors And Reforms

Exercising jurisdiction independently is precondition of judicatory justice. In accordance with the provisions of our Constitution, The people's courts shall, in accordance with the law, exercise judicial power independently and are not subject to interference by administrative organs, public organizations or individuals. That is constitutional basis of court independence. However, exercising jurisdiction independently not only need to get rid of external disturbance, but also should keep on guard against influences from interior, including internal management system of court, trial organization, judge security systems. How to eliminate the negative influence to judicial independence brought by above institutional defects, is a urgent and significant issue.This thesis was developed around these issues above-mentioned, and can be divided into six parts. The introduction part mainly introduced the background and intention of this thesis. The first part mainly analyzed the impact on judicial independence imposed by internal management system of our existing court, and the status quo of reform. on that basis,the thesis make some rational reflections on reform of Internal management system. The second part analyzed operation of collegiate bench and judicial committee, and their impact on judicial independence. The third part discussed the impact on judicial independence imposed by imperfect judge security systems. On the basis of above analysis, the forth part put forward some ideas of internal court reform in order to guarantee judicial independence. The conclusion part summarized the arguments and also pointed out the deficiencies of this thesis.