On The Theory And Practice Of Judicial Independence In China

Judicial independence system already was most of the western modern countries recognized, but the expression of the independence of the judiciary system in China is not the same; judicial independence in our country is as the constitution of the important principle, but not really implemented in practice. First of all, this article obtains from the origin of trial independence, and analyzes the trial independence development, concept, reform path; secondly, clarify independently in accordance with the law in exercising their functions and powers principles to deal with the relationship with the party's leadership, the National People's Congress; thirdly, it introduces the some concrete measures of judicial reform in recent years, through the problems appeared in the operation of the current judicial system, analyzes where the judicial reform will go; finally, the author unifies the social background of the judicial reform, from inside and outside two aspects of co-ordination and advance the overall judicial organs shall independently exercise their functions and powers. In the inner court judge to ensure that their business security and security in the outside through the establishment of conscience, the high salary system of judge, the people's jury system reform, the reform of the judicial committee system, perfect handling responsibility system. Throughout the text can be found, the ongoing judicial reform measures to the existing problems to solve to some extent reduce, if combined with due process standards reform measures is bound in a greater degree of exertion of judicial effectiveness, truly independent trial.