Research On The Contradiction Of Synchronic Construction Of Partydominance Over Judiciary And Judicial Independence

Judicial authority plays a role of disputing settlement and restoring rights in our society.So, it should act in obedience to justice attitude and neutrality position to make any judgment.However, judicial independence is prior to judicial neutrality. It was born on the base of thetheory of Separation of Powers and grown up in the interact practice. It resorts to theconstitutional functions of limiting and regulating government authority and safeguardingrights is generally accepted by the various states, and even confer judicial authority withsuperior status so as to get ride of the interference from politics to the utmost degree andprotect the independence of judicature. Prohibit the judges from joining parties, weaken thepartisanship and place parties under the supervision of the law are key conditions to protectjudicial authority’s independence status.In the1870s, the judicial independence concept went along with the fever ofconstitutional reform was introduced into our country. During the period of official systemreform, the Law Department and Daliyuan’s rights and responsibilities separated clearly andestablished specialized and non-party legal talents selection criteria. Via the constitutionalreform’s spiritual cleansing and promotion in the late Qing Dynasty, the judicial independenceideology had a solid thought foundation in the official and public. When time went toRepublican, influenced by the theory of rule by a political party and the new regime in thewest world, the regulation of prohibiting the Judges from joining parties was broken.Judicature became political revolution’s component and jurisdiction was incorporated in therestraint of the Kuomintang, the voice of party dominance over judiciary was higher andhigher. On the other hand, at the same time, the Kuomintang strengthened the totalism ofgovernment by the judicial party，judicial construction developed quickly on the bases ofparty resources. It made a contribution to cultivating professional judicial personnel andconstruction of modern court and ensuring judicial outlay. Those measures contributed tocourt’s independence. In this way, the party dominance over judiciary and judicialindependence were inconsistent with each other and integrated into judicature. Analysis thisphenomenon carefully, state organs’ sound and perfect development can’t do without theinfluence of traditional culture and the actual conditions. So, judicial system reform should bebased on one’s own country’s judicial situation and more important is that stick in the direction of rule by law and democracy.This thesis is divided into five parts. Part one analysis the political and ideological basesof party dominance over judiciary, explore it’s theoretical source. Part two carding the gradualdevelopment course of the party dominance over judiciary based on representatives’ thought.Part three starts with the aspects of judicature’s hardware and software, introduces theconstruction achievements. Part four dissect from the traditional ideology and national taskand political environment those three aspects, discover the contradiction reasons.Part fivemakes a conclusion and evaluation on the judicial status of the Republic of China.