How To Realize The Judicial Independence In Grass-root Court

The former president of the Supreme People’s court Xiao Yang once pointed out on the Supreme Court ’s Work Report that:80%of the cases of the people’s court are at the grassroots level, so it is with the80%judges and other staffs. Grassroots courts are Chinese people’s judicial system foundation, as well as are the realization of the legitimate rights and interests of citizens of the frontiers, it is also the guarantee of realizing social fairness and justices, the cornerstone of grassroots courts, and directly determines the quality of Chinese court system.To some extent, our constitutional design is to comply with the principle of judicial independence. However, the principle of judicial independence which being carried out in the judicial practice is subjected to various constraints, especially in the lower court, at the basic level in China judicial activity appeared in the local administration, etc, appear at the basic level in China judicial activity and fairly outstanding in the court and local Party committee, government, people and other organs of relationship. Thus the judicial power to the court in the process of practice is excessive emphasis on active service while ignoring the passive property of justice itself. Therefore, it is very important independence from the grass-roots court enforcement. The author tries to discover the existing problem which prevents carrying out the judicial independence by investigating and study the current system of running the currentJudicial independence and empirical analysis just in order to reveal common problems existing in to judicial independence of Chinese court. Thus effective measures can be put forward to promoting the country judicial independence system. Judicial independence in our country has to be comprehended both in the broad sense and the narrow sense. And the judicial independence here in the paper restricts to referring the court trial independence.This paper mainly discuss from the following aspects:The first, the origin and development of the judicial independence theory. This part embarks from the historical development angle, after the jurisdiction independence principle theory origin and the development; spread to our country had been established after the feudalism legal system influence as well as new China the jurisdiction independence theory development condition has carried on the detailed elaboration under the constitutional government system.The second, the present situation of the grass-roots judicial independence in China. this part mainly receives the outside from our country judicial authority all sorts of fetters, the independence exercises when the judicial authority receives impedes embarks, conducts the investigation and study, analyzes earnestly comes from National People’s Congress, the party committee, the government, the media which the jurisdiction independence faces and so on various aspects pressure, rests on the law from these exterior interventions to take the breakthrough, the profound analysis is in the authority pyramid bottom end the basic unit court independently to exercise all sorts of pressures which the judicial authority faces.The third,the conception of reform. All sorts of difficulties pointed out which according to the second part, in considered fully our country Judicial organ constitutional government status in the foundation, separately from the basic unit court and the prefectural party committee, with National People’s Congress, with the government, embarks with the media relations, how elaborates in detail in persisted our country constitutional government under the basic principle, found eradicates the difficult position the effective way, commissioner the law achieves at least the threshold standard independently. Has been clear about under the Chinese special national condition, the judicature is not merely a judicial question, a political issue. This decided Chinese construct sound judicial independence is a huge social system project, must consummate the law enforcement environment and the condition which the jurisdiction independence requests.