Study On The Mechanism Of Legal Guarantee Of Trial Independent

Pursuit of trial independent is that judges are not subject to external interference with other factors but trial. Only by this judges can end it what they can to be impartial in the case of trial and can simply use the free evaluation of evidence with his own knowledge of the law and professional quality and even the conscience to make case decisions. As for this, judges can be in a position to say that his trial to the parties is fair. Even though the judge may also be challenged by such as his own knowledge, emotion and other factors. Study on mechanism of legal protection of trial independence helps to promote the realization of trial independent and the process of judicial reform in China. It also helps to implement governing the country according to law, equity and justice. It helps to promote social harmony as well. This paper discusses the general theory of the trial independent and compares it with the Western judicial independence and makes a distinction between them. The paper summarized the common sense between China and western in the view of trial independent, refined the connotation of the concept of trial independent and its standards. Trial independent has the following characteristics: The judiciary and judges are the main bodies of trial independent; Trial independent is to ensure the independence of the judiciary and the judge in the trial case; Independent justice should be the ultimate pursuit of fair trial; Many factors influence on trial independent. The paper also analyzes on the rule of law and the efficiency value of trial independent. The paper combined with the prevailing international standards and China's actual and decided to use United Nations' standards as the standards of trial independent. The paper also analyzes the problems encountered in practice such as administrative, Judge between leadership relation, emphasizing the independence of the courts but the lack protection of judge individuals. Finally the paper noted that to solve the present problem faced by China's mechanism of legal guarantee of trial independent we should perfect the legislation and enhance protection for individual judges, establish an independent judge management mechanism, reducing administrative interference factors and promote public oversight of trials.