On The Stage Of Judicial Independence To Achieve

With the Eighth session of the Third Plenary Session of the Communist Party of China held, judicial independence issue is raised again. Article 126 of the Constitution stipulates that the people’s court in accordance with the law to exercise judicial power with independence without any lnterference from administrative institutions, social organizations or individuals. This provides for the principle of judicial independence from the height of the Constitution. In fact, with the concept of the national rule of law continuously improve,judicial independence has been more widely recognized and supported, but due to various factors like legislation, systems, structures and management, the court at the time of exercise judicial power independently, usually will be multi-party interference, independent judgment out of the question. Our judicial independence is not established under the "system of separation of three powers" like that of western the nations’ system of separated powers, China’s People’s Court is responsible to the National People’s Congress system, commissioned by it to exercise its powers, and subject to supervision. How to achieve judicial independence carrying Chinese characteristics operating within the current system, has become a major legal circles and urgent need to address the problem.In this paper, the background of deepening the judicial system, through the contents, characteristics, basic requirements, the significance and limitations of analysis and study of judicial independence, combined with our independent status of the trial stage and situation of our country, for the Party’s Eighth Three Plenary Session of the spirit, the use of literature, induction, comprehensive research methods, relatively comprehensive discussion of the value of judicial independence. This paper is divided into four parts: The first part describes the judicial independent of the formation and development in our country. The second part focuses on judicial independence in the production and development of Western countries, Western countries present a more comprehensive security mechanism, and the principle of judicial independence in the country to achieve the desired effect.The third part presents the problems facing our judicial independence and the plight of the spirit of the Third Plenary Session of the Party’s Eighteen. The fourth part, according to the discussion of the second and third parts, combined with China’s national conditions, made some suggestions to promote judicial independence.This paper argues that the realization of China’s judicial independence can’t be satisfied with the existing system reform, should be straighten out the relationship between the court and the Party Committees and between the lower court, the Court of improving internal mechanisms to protect the identity and status of judges and other aspects, ensure the independence of the court fundamentally enhance the court’s anti-jamming capability of various external factors. Only in this way, Chinese characteristics judicial independence can be achieved, in order to further promote the building law socialism with Chinese characteristics.