Research On Trial Independent System In China

The first part of this article the author write the specific content of independent trial is the people’s court trial independence refers to the people’s court to exercise the judicial power independently, in accordance with the provisions of the law is not subject to interference by administrative organs, social organizations and individuals. Including the national judicial power belongs to the people’s court and the people’s court shall, in accordance with the independent exercise, kia interference of organizations and individuals, more trial independence should have corresponding security and surveillance system. Judicial independence is the basic requirement of jurisdiction, is the embodiment of the rule of law, is a common experience, is also solve the problem of social contradictions, maintain social stability. Judicial independence and judicial independence together with the jurisdiction independence, but their very different theoretical foundation and concrete system requirements. Trial independence in our country is not based on "separation of powers" with the construction of a national system of separation of powers, the people’s court in our country by the National People’s Congress system, commissioned to exercise their functions and powers, and accept their supervision.The second part of the written judgment independently existing problems: practice cannot be independent on the organization system, the people’s court judicial there are serious security administration, the localization phenomenon; There are local the party’s leadership, the government administrative interference of the judicial independence, specific cases for court supervision of National People’s Congress; The court system in the lower court in the doubtful and difficult cases to the superior court for instructions and reply; Court approval system of administrative management system and the case and the existence of the judicial committee judge independence is missing, the cases of "trial","to" separation; On the judge system, there exists everywhere and even different time, the judge have different entry requirements, pay is low, judge status of lack of legal protection, judge the imperfection of the professional requirements, more important is the lack of effective punishment system; The appeal system in China is not sound, the parties and the public lack of effective ways to supervise the professional conduct of the judge and the parties do not legitimate complaints from other powers or improper interference factors on the court; In addition, the media of public opinion guide new pressure to the judge.The third part, the author mainly combine the experience of developed areas at home and abroad and the related academic research, from the transformation of the mode of party and government leadership and safeguard the court the independent status, on the legislation, clear the court jurisdiction independence, and to establish a way to guarantee its independence such as unconstitutional review system; Change of case supervision mode of National People’s Congress, to later, from the supervision of the case into a combination of National People’s Congress for the personnel of the judge recalled to supervise the judge professional conduct, strengthen the people’s procuratorate of the legal supervision function, the building’s procuratorate professional supervision and appeal to the judge system; Focuses on the legal supervision relation between higher and lower court, correct relationship security administration; Change the court judge internal administrative management mode, implement classified management of the personnel, the abolition of the administrative system, deeds so as to ensure judge trial independence. Truly "trial","to" unity; Perfecting the judge job security, to ensure the judge professional elite, professional, so as to ensure judge started to enjoy income and occupational safety and security in accordance with the law. At the same time, improve the system of judge professional supervision, shall be investigated for the responsibility to provide clear and reasonable system support; Guide the legal supervision by public opinion, in supervision at the same time, respect the court’s trial independence.