On The Independence Of Trial System

Judicial independence is the basis of its impartiality, it is an importantguarantee of national security, social peace, justice. It is no exaggeration to say that acountry under the rule of law is the last bottom line of social justice. Here, the court asa neutral judge, independence is particularly important, because It is related to thelegitimate demands of the parties can be satisfied and whether justice can be realized.Also it is the cornerstone of building a harmonious society under the rule of law.What’s more, judicial independence along with judicial fair and public trial is thebasis of trial efficiency, clean implementation. Conversely, if our judicial organscannot operate independently, this rapidly expanding of administrative power willbecome endless, without restriction. Therefore, various administrative corruption,political corruption will arise. This will seriously affect the citizens of the countryunder the rule of law evaluation and expectation. The so-called independent judgment,referring to judge when dealing with all kinds of cases, will only be based on factsand law, with their own conscience decisions independently, and should not beinterfered by administrative organs, social organizations and individuals. At the sametime, it is not affected by the court within the procedural intervention. Judicialindependence has become a historic choice.Papers from the historical origin of trial independence system, expounds theancient ideas of separation of powers and the establishment of bourgeois separation ofpowers theory and development. Trial independence system in today’s westerncountries have formed a relatively complete system, mainly manifested in theselection of the judges, to ensure the material aspect and retribution. In comparison,China’s system of trial independence until the late qing and early republic, and in onehundred experienced some twists and turns, only slowly in recent30years into thedevelopment track.Trial after all is the activities of the human, so will inevitably be in the process ofsome human disturbance. These interference including the exernal interference andthe inner interference, these have hindered the development of our country’s independence of trial, become a stumbling block to the construction country under therule of law in our country. The external factors is refers to the interference of politicsand law committee, the constraints of authority and the influence of the media ofpublic opinion. Internal factors is refers to the court to get out because of human,financial and dependence on local governments, and the security administration colorof serious in judicial activities.In view of the problems existing in the process of trial independence, must be"suit the remedy to the case" so as to achieve treats the cure effect. System issues thatneed to be broken from within. High quality judges team contribute to the realizationof trial independence so we should strengthen the construction of the judge’sprofessionalism, to improve the system of judge. In order to avoid the court by localcontrol the adverse effect caused by the human, financial, the court system step bystep to the longitudinal vertical management, district court should also reform thefunds safeguard system. In the face of external influence of the judicial independence,China should further promote the judicial reform, so as to safeguard judicial organ canindependently according to law, exercise their respective powers. Concrete from thefollowing several aspects: To abolish the case examination and approval system andmanagement system, enables a line judge independent trial; Cancel the judicialcommittee system, abolish the trial security administration color; Improve the systemof misjudged cases investigated in order to realize the justice.