The Interpretation And Analysis On Judge Independence

The judge’s independence is the core and basis for judge to perform jurisdiction legally and impartially.It is also the key to achieve justicial fairness, improve judicial efficiency and prevent judicial corruption.At present, problems like judge localization, judge administration,and non-professionalization exist in the practice of judicature. which seriously obstruct the judgment independence.Under the background of China comprehensively deepen reforms, this thesis analyzes the etymology of Judge’s independence to probe the proper meaning as well as its institution building. Besides the introduction and epilogue, This thesis can be divided into four parts.The first part is to analyze the etymology of the judge’s independence. Which will mainly discusses the etymology,basic connotation and practical value of the judge ’s independence.The judge’s independence means that judges independently exercise jurisdiction according to the law and evidence without any other interference. The judge’s independence includes substantive independence,internal independence, personal independence and duty independence. The judge’s independence can advance the neutrality and autonomy of the judge,and defends justice both from entity and procedure.The second part is about the theoretical origin and vicissitude of the judge’s independence.The judge’s independence derived from the separation of powers and counterbalances theory. Montesquieu is the first person to put forward this theory in the modern society. He advocated that there should have three different organizations to perform and balance the power of Legislative,Jurisdiction and Administration. America is the country to use the theory as the political basis in the state construction. In China, the theory of judge’s independence first be seen in the constitutional Reform and Modernization at the Late Qing Dynasty,and the Provisional Constitution of the Republic of China prescribed the Judge’s independence at the first time. In current constitution only the doctrine of court independence had been prescribed,with the Supreme People’s Court 《 The fourth Reform Program(2014—2018)》’s implement and judicial reform pilot’s carry forward, the demand of judges professionalism is increasing,the establishment of the judge’s independence is particularly urgent.The third part mainly analyzes the obstruct factors for establishing the principle of judge’s independence. In our judicial tradition “rule of man” rather than “rule of law"is emphasized.So the judicature became a tool which assisted achieve administrative functions. In judicial practice, as judge’s appointments right was subject to the local Party committee and the local People’s Congress, The economy treatment of judges was subjected to the local government and the internal bureaucratic system in court is serious, which led to the localization and administration of judges. Moreover, the admittance standard of judges is inferior, which can not guarantee the quality of judges. The lack of duty exemption and economic security can also be regarded as one factor that effects.The fourth part from external system construction, internal system construction and judge profession construct three respects to probe the institution reform path of the judge’s independence. The constructing external independent have to handle the relationships correctly among the judge’s independence, the party, National People’s Congress and news media. We have to reform judge appointment and removal personnel system and improve the supervise institution. The constructing internal independence needs consummate adjudication committee system and bureaucratic system,as well develop judge’s sense of responsibility. To constructing occupation of judge need to classify administration to court staff and the strict manage judges appointment to improve judge. Also the term of service of judges and economic security system should be improved.standardize responsibility and disciplinary system, Moreover job training of judges to enrich their judicial experience and promote their legal theory attainment is of great importance.