On Interference And Countermeasures Of Administrative Authority To Judicial Authority

China is a socialist country, and the political system which our country implements isthe system of “a government with two courts”, moreover, administrative organs andjudicial organs are produced by the people’s congress. Administrative organs and judicialorgans are independent of each other that executive power and judicial power have theirown space to do their job respectively. Judicial organs enforce judicial powerindependently; administrative organs could not intervene in the judicial power.Constitution of the People’s Republic of China, Organic Law of the People’s Courts of thePeople’s Republic of China, Organic Law of the People’s Procuratorates of the People’sRepublic of China, clearly define these content. But in reality, there are a lot of cases ofwhich the administrative power intervene in the exercise of the judicial power. There arethree typical cases about administrative power interfere in judicial power recently: Caseabout Coal Mine Corporation in Beiyao Bay of Yuling City of Shanxi Province, Caseabout Kaiqilai energy investment corporation in Yuling City of Shanxi Province,Caseabout Yihe American Frog Farm in Folin of Chongqing. These three cases showadministrative power interfere in judicial power. Such a question not only exists inadministrative organs and judicial organs of low level but also of a high level.It’s not onlyexists in the judicial organs in some cases, but also presents after the court has done averdict. The cause of this phenomenon are varied, such as the content of the administrativeauthority’s management, the defects in judicial system, the ideology and the unreasonablestructure of administrative power and judicial authority that lead to the judicial power tendto be administration and localization, which hinders the achievement of independence ofthe judicature and the rule of law and does harm to the process of our legal system societyand judicial justice. In order to realize judicial independence and practice the rule of law,we must guard against improper interference of executive power from the aspects of theinnovation of the concept the structure and content of administrative power, especially theupdated the main content of administrative management. At the same time, judicial powermust be changed that removes the localization and administration of judicial power toensure the judicial personnel perform their duties independently.