Research On The Political Environment Optimization Of Independence Of Trial

Independence of trail refers to the independence of the courts and the independence of judges.Only when the court is independent, the abuse and expansion of the administrative power can be supervised by the trail power, it can also promote the perfection of legislation.However,only by using the independence of the court is difficult to accomplish the independence of the trial because the accomplishment of the independence of the trial also depends on the independence of the judges.Judge as the case’s inquisitor, only by maintaining his or her independence can achieve the independence of the trial.The judicial independence is the premise of the accomplishment of the judicial justice, and it is the protection of the guarantee of human rights and the effective way to balance the administrative power.The judicial environment has the close relationship with the independence of trail, a good judicial environment ensure trail power cannot be influenced from external factors and administrative intervention in the court.It can ensure the efficient and fair justice of judicature.At present, the independence of trial of the judicial environment is not optimistic.The political environment,institutional environment, cultural environment and the internal environment of judicial court are all exist the problems which is not conducive to the independence of trail.The influence of political environment on trial independence are mainly as follow:the leadership of the Party changed from macroscopic leading into the direct leadership,a few leading cadres in the party regardless of the Party’s discipline use their own power to put pressure on the court in order to influence the trial independence;too much political work affects the normal work of the court;the National People’s Congress has early intervention of the court pending cases;the right to protest on the procuratorate is lack of restriction and the procuratorate has improper intervention in the court ruling.The influence of the internal judicial environment of the court on the independence of trail is the administrative management of the trial led to the principle of the adjudicator charge the trail and responsibly became difficult to achieve.The improper intervention by the superior court to the lower court has destroyed the independence of the courts,which also affects the independence of trail.Optimizing the judicial environment of the trial independence is the system guarantee to accomplish the independence of trail.Judicial environment optimization of independence of trail involves politics, culture, the internal environment of judicature and so on.It aim to establish an effectively independent mechanism of the trial.The optimization path of political environment has four parts:the first part is change the Party’s leadership of the judicial work in order to improve the political status of the judicial organs;the second part is reform the court systems’ of finance, personnel system to ensure the court is relatively independent of local government;the third part is strengthen the judicial functions of the judicature and weaken its political functions;the fourth is reform the state organ’s way of supervision and promote the accomplishment of independence of trail. The optimization path of internal judicial environment has two parts:the first part is establish the internal security mechanism of the "the adjudicator charge the trail and responsibly";the second part is improve the case’s evaluation mechanism and establish supervision system to appropriate separate the administrative divisions of the upper and lower court.