The Independent Exercise Of Judicial Power In Accordance With The Law Under The Constitutional Perspective

Today’s China is in a period of profound social transformation,in this process,the social demands of reconstructing the legitimacy of political power,setting up correct values and solving disputes,the exercise of judicial power has become a hot spot for public discussion.The most important of these is whether the people’s court can exercise judicial power independently according to law,this determines whether the authority of the judiciary can be reestablished in the whole society,and whether the public can trust the judiciary.Since the deepening of the reform of the judicial system,how to ensure that the people’s court can independently exercise the judicial power in accordance with the law in the process of the reform,It has also become the key research direction of the party and the government.On the basis of the analysis of the impact of the internal and external factors on the exercise of the jurisdiction of the trial,our country’s judicial circles have been constantly reforming the judicial system,but due to the long standing of previous judicial thinking and habits,the progress of judicial reform is slow,and there are still unavoidable problems in reality.The localization of judicial power,administration of Justice and other factors impede the exercise of the judicial power of the people’s court,these problems involve many aspects and can’t accomplish the whole task at one stroke,it is necessary to carry out the reform step by step in accordance with the specific circumstances of our country.Therefore,on the issue of how to better protect the exercise of the jurisdiction of the trial,this paper first studies the historical trajectory of its development in China,and further explores the meaning,connotation and structure of the independent exercise of jurisdiction,which is closer to our national conditions,taking the advantages and disadvantages of the current judicial practice and reform measures as the starting point,putting forward our own opinions and suggestions,so as to find a realistic way to guarantee the independent exercise of judicial power by the people’s courts.Of course,the independent exercise of the right of jurisdiction involves many aspects,which requires the efforts of all levels of society,and this goal can be finally realized.