Research On The Problem Of Our Country Judge's Independent Trial From The Perspective Of Judicial Reform

To achieve the judicial justice, it must be in the general environment of judicial independence, or the judges' independence of the trial is totally out of the question. The realization of judges' independent trial is the value orientation of judicial independence.Whether the judge has independent jurisdiction is the key to the independence of the judiciary, but also to the realization of fairness and justice of the public. In China,although the court has clearly been stipulated in the Constitution that the court has the right of independent trial, the independent trial of judges are never involved in China's legal provisions,and it's a big mistake to confuse the independent trial of the court and the judges' independent trial. In China's judicial practice, whether in the political level,or the design of the judicial system, the judges independent trials are difficult to be effectively implemented. The Judicial dependence, will lead to the localization of our judiciary, judicial injustice will also be difficult to eliminate, which will undermine the judicial authority, and impede the judicial justice and improvement of the efficiency.This article combines the principle of the independent trial of the judge and the development of the judges independent trial system of the western countries, draws lessons from the advanced'characters of the system and constructs the independent trial system of the judges in our country. After analyzing the reasons that influence the judge's independent trial in China, we find the judicial defects of the judicial system of our country, and put forward some opinions in the aspects of the specialization management, occupational security, responsibility system, judge culture and legislative advices.