An Analysis On The Trial Process Of Mr.Yu Fraud Case On The Judicial Independence In Our Country

The judicial independence is the inherent requirement of the rule of law, it is the reflection of the idea of the state power balance, it is the embodiment of the litigation law, and it is also the basic guarantee for keeping the procedural pattern of the criminal procedure and realizing the justice of the lawsuit. As the international principle of modern rule of law, the principle of judicial independence is particularly important, it is the safeguard to maintaining social fairness and justice, which is the key to guarantee the court to complete the mission of law independently, it is the lifeblood of the judicial justice. There is no modern sense of trial system and trial procedure without the principle of trial independence. This article starts with the trial process of fraud case and analyzes the current situation of our country's trial independence. Between the upper and the lower court's report, the committee's existence, the factors of outside of the improper supervision, the low overall quality of judges and so on hinder the implementation of the independent trial in China, how to remove obstacles in the way of judicial independence of our courts is an urgent problem to be solved in our current judicial reform, the author tries to perfect our country's judicial independence system from canceling the system of asking for instructions and reforming the judicial committee system, perfecting the outside supervision, improving the judge barriers to entry and so on. I hope it is of benefit to the reform of our country's trial independent system.