On The Supervision To The Jurisdiction

The principle of trial independence which has been widely established in many modern nomocracy countries is the strong measure to protect the human rights, to restrict the state powers, to achieve the judicial justice, to distribute and realize the social justice. At present, it is the focus of the judicial reform in our country. But the jurisdiction must be supervised because of the theoretic facts such as the idea of judicial justice, the power character of the jurisdiction and the subjectivity of the trial procedure. In the practice, the supervision to the jurisdiction is necessary because of the low-level quality of the judiciaries and the lots of judicial corruption phenomena. According to the situation of our country and the theoretic modes of the power restricting, the external supervision to jurisdiction should mainly rely on the People Congress, the prosecuting attorneys and the media. But these supervising ways need to be perfected. To perfect the supervising system, it is necessary to accurately understand the dialectic relation between the trial independence and the supervision to jurisdiction, and define the limit of the supervision to jurisdiction. In our opinion, there are conflict and coherence relation between the trial independence and the supervision to jurisdiction, so the supervising limit should be "not to damage the self-governed jurisdiction", and the measuring criterion to the base line is that the supervision should not impact the inner assurance when the judiciaries judge the case facts and the needing laws. To come true the judicial justice, all the supervision should insist on this base line.