Petition Impact On Judicial Independence

In2013, the defendant Li Huailiang, who was detained for twelve years because of the"death certificate " case, got the Pingdingshan Intermediate People’s Court’s acquittal and befree finally. And the greatest impact in this case is undoubtedly the "death certificate " that thecourt made a commitment to ensure the defendant to death bookorder to prevent the familiesof the victims continue petitions. This "death certificate " is Illegal invalid because of itsillegal nature. It also reflects the influence that petition add to judicial independence.The petition is abbreviated of letters and visits, refers to the bihavior that the peoplewrote or visited departments to reflect the situation and asked to solve the problems. In oursocial life, the petition,which play an important role on the right to supervise and relief,shows strong Chinese characteristics. The petition has been widely applied as a uniqueChinese characteristics " People First " system in modern society. But at the same time, thepeople who are caused by the letter " visits " do not believe in the action of " law", whicheasily affect social stability. Especially the concept of Litigation petition presented, it iscaused extensive discussions academia. Litigation petition for judicial activity is the moststraightforward intervention, most clearly expressed but also the impact on judicialindependence. In modern Western society, an independent judiciary as a basic constitutionalprinciple has become axiomatic-like existenceas a basic constitutional principle. Theprinciple of judicial independence requires that the petition should not affect the judiciary. Butin China, the petition, especially Litigation petition, caused a greater impact to China’sjudicial independence, weakening the judicial authorityand affecting the finality of justice.Because of special cultural traditions and the situation today inChina, talking aboutjudicial independence is not suitable. However, considering the influence that petition takes tothe judicial independence, it is time to make some suggestions for reforms to alleviate suchproblems to maintain social stability in the maintenance of law and order at the same time.In addition to the preface and epilogue, the full text is divided into four parts:The first part introduces the basic circumstances of the case. First, the text introduces the basic situation of "death certificate " case, then find differences of opinion of the casethrough the deep analysis and the controversy center. Then the text show the influence whichpetition takes to judicial independence.The second part conducts legal analysis related issues. On the one hand, the text analyzethe nature of the petition of the People First, politics, procedures, etc. On the other hand, thetext clarify the concept of judicial independence. Then it leads to the concept of Litigationpetition and the specific fact of the influence to independent judiciary by the petition.The third part comes to the conclusion of the case analysis. Through the theory above,the nature of the case "death certificate " analysis of the case and the adverse effects causedby the petition, the text draws the conclusion that the petition should not affect theindependence of the judiciary with reasons.The fourth part draws inspiration case studies. By describing the current obstacles ofjudicial independence, the text comes to the relatively independent judiciary and talk abouthow to achieve a relatively independent judiciary. First, the litigation petition should beabolished; Second, the petition system needs reform; Third, judicial system needs reform.