Research On Judicial Independence From "Zuohai Zhao Case"

Judicial independence is the constitution of our country and legal defined a basic principle. However, in recent years in our country along the road towards the rule of law the rule of law society, frequently appear in Zhao Zuohai, She Xianglin," the dead return, revive" case, the law construction of our country has the extremely disadvantageous influence. Investigate its reason, whether the investigation means of evidence or procuratorial prosecution or judicial trial has serious problems, and finally settled by making is to exercise jurisdiction of the court, after the reason is our country 's judicial independence. This article through to the Zhao Zuohai case analysis, a criminal trial independence problems. And on this basis, discussed the intention of the independent trial and the existence of the value of law. Secondly, discusses the independent trial in China Problems and influential factors, this part mainly discusses the criminal trial of our country is restricted by external and internal factors. Finally, on the independent trial and put forward a series of suggestions. Such as a clear judicial and government relations, strive to improve the comprehensive quality and establish the consciousness of independent trial.In conclusion, judicial independence of the judicial system need not only from judicial internal judicial independence consciousness to grab, but also from the impact of trial independence, media, public opinion public opinion public anger in party and government organs and the seizure of two cooperative problem of external factors such as reflection, in-depth analysis of trial independence theory value and the trial independence to the rule of law a process to bring adverse effect, for the trial of criminal cases are procedural justice and substantive justice is the biggest change, strive to seek solutions to problems and better operation of the independent trial in a practical way.