On The Independent Exercising Of Judicial Power

In current domain of the jurisprudence judicial justice has become an important content and a perpetual subject of socialist constitutionality construction. Independent jurisdiction is the most crucial premise for the realization of judicial justice, and it抯 most urgent to set up independent and just judicature through judicial reform.On account of this situation, this article tries to conduct an experimental exploration to the theoretic basis of 揓urisdicature independence.?The author tries to concentrate on the core questions as to trial and jurisdiction, the power of trial and jurisdiction, the implications of the power of jurisdiction and the independent exercising of the judicial power, and the author tries to indicate that independent jurisdiction, a principle of judicial action, is indispensable to the national court system, and its specific form is to exercise the judicial power independently. Still, the author tries to explain how to explore the theoretical resources that can realize the independent exercising of the judicial power to guarantee the jurisdiction justice to guide judicial reform.As such, we should deal properly with both the relation outside and inside. The former refers to that the power agency should respect the independence and integrity of the judicial power when exercising supervision stipulated by law, meanwhile the trial agency should not be attached to the party and organizations and it抯 power should be enlarged properly so as to prevent being controlled. The latter refers to that the upper and lower level of courts should have the same judicial power; we should gradually limit the range of report system and eventually nullify it; we should implement the function and power ofthe sole-judge bench and the collegial bench, transform the function and power of the trial committee, found the committee or convention of the judge, establish the system of investigating into misjudged cases to ensure the judicial power excised independently by judger inside court.