Study On Internal Restricting Factors Of Judicial Independence

Judicial independence is a constitutional principle of our country, but also a necessary prerequisite for achieving justice, but in the reality of judicial practice, the realization of judicial independence is facing many difficulties from internal and external of the court, Especially the restricting judicial independent factor within the court, including the approval of the dean the case; the superior court to the lower court cases supervision and early intervention "supervision"; judicial activities of the accompany without trial, the trial without judging of the embarrassing situation and already become the realistic problem urgently to be solved. It also allows us to re-examine our judicial independence is faced with many difficulties. The Fourth Plenary Session of the eighteen party and the people’s court fourth five year reform outline are actively to realize the judicial independence to provide policy guidance and correctly advice, especially the reform measures and policy plan of the central comprehensive reform leading group presented a much more positive point to through the reform of inside the court to realize the judicial independence reform target. Judicial independence is not only the court to exclude external interference and control, but also to the negative impact on internal court to be vigilant, How to achieve judicial independence within the Court has become an important and urgent theoretical propositions and practical proposition. The trial study of factors restricting independent internal, starting with the concept of our country judicial independence and define the difference with the western judicial independence as the logical starting point. Through to our country judicial independence value analysis and judicial independence constraints overview to establish theoretical framework, which lays a theoretical foundation for the analysis of independent internal restrictive factors of the court; then from the macro,meson and micro three levels within the Court pointed out that currently restrict judicial independence of the internal factors are the administrative management of the court system, the judicial organization drawbacks and professional judges popular,based on the above of trial court independent internal restriction factor analysis and the extraterritorial investigation, combined with the eighteen of the Fourth Plenary Session of the judicial reform policy orientation, puts forward the realization path of advice within the court of judicial independence Respectively, from the reform of the Court’s internal management system, standardize judicial organization’s operation mechanism and to build an independent trial judge competent professional system to achieve the judicial independence within the Court. Realization of judicial independence can not simply focus on the outside of the respect for the courts, should be more positive attention to the court internal management system, operation mechanism of judicial organization and individual judges play an important role and significance to judicial independence, therefore, only to the court’s internal perspective, analysis of the current constraints of judicial independence, in order to truly targeted by the reform of the court’s internal implementation of judicial independence, the realization of judicial justice.