Study On The Chinese Characteristics Of The System Of Judicial Independence

The principle of judicial independence originated from the western theory of separation of three rights. Its purpose is to guarantee the realization of fairness and justice. The judicial system is the most important principle and system, which form the foundation of modern countries ruled by law. Our country began to constantly learning and introducing western judicial independence system from the modern times. During the historical changes of 100 years, until today, the judicial independence system established in 126 in the current constitution of our country. China is a socialist country, which means for the essence of socialism and the state system, government has decided the jurisdiction independence system in our country, different from the Western separation of the three powers. China’s system of judicial independence has China characteristics and the main characteristics are embodied in the limitation of judicial independence, power without responsibility of judicial independence and judicial independence. Overall, the system of judicial independence in our country has many advantages and disadvantages. Whether it is to summarize the characteristics of our system on the independence of the judiciary, or improve our current system of judicial independence, all need to be tightly around the current 126 th constitution to be carried out, and only in this way it can accomplish a definite object in view, without loss of reference.The first part of this paper is the introduction part. This part mainly introduces the research significance, research ideas and methods, domestic and international literature review, and Innovation of this paper.The second part of this paper mainly introduces the meaning of the judicial independence. In this part, the paper firstly introduces the origin of the system of judicial independence and how the Western scholars explain the independence of the judiciary. Secondly it introduces the understanding of the system of judicial independence in the law circle of our country.The third part of this paper mainly introduces the historical changes of Chinese judicial independence system, namely the origin of article 126 th in constitution. In this part, it firstly introduces institutional changes on the judicial independence system, from late Qing Dynasty to the period of Nanjing national government. Secondly, it introduces our country’s modern judicial independence system, and reviews the constitution of1954, 1982 and the establishment of modern judicial independence system with the method of historical research.The fourth part of this paper mainly analyses the judicial independence under contemporary china’s constitutional government system, from views of the party, the people’s Congress system, the court and the judge. Through the analysis of article 126 th in the constitution, clarify relationships among the party, the People’s Congress system, the court, the judge and the judicial independence under the constitutional government system of our country.The fifth part of this paper mainly focuses on Chinese type of judicial independence. First of all, judicial independence in our country is limited judicial independence, and that means the court obeys the leadership of the Communist Party of China. Secondly, judicial independence in our country presents characteristics of big responsibility and small permissions, reflected in that judges have more responsibilities, but less independence. Finally, judicial independence in our country is technically judicial independence with the lack of effective institutional guarantee.The last part of the paper puts forward suggestions on how to improve Chinese type of judicial independence. On the thought, we should understand that the judicial independence and the party’s leadership are not contradictory, for full judicial independence does not necessarily equal justice. We want to improve the "constitution" of 126 th, improve the party’s leadership, the independence of judges and judicial independence and provide institutional guarantee.In conclusion, article 126 th of the constitution is set up the judicial independence system under our country’s constitutional system, making the judicial independence in our country different from the western judicial independence system. Although Chinese type judicial independence has its advantages, there are also many problems. Therefore, Chinese judicial reform should pursue judicial independence maximally, at the same time, base on our country’s constitutional government system.