On The CPC's Leadership And Judicial Independence

The relationship between CPC's Leadership and judicial independence is a dilemma in the reform of political mechanism and judicial reform encounter. The key issue lies in how to guarantee the absolute leadership of the CPC, which meanwhile does not impair judicial independence. To resolve this issue, efforts from two aspects are essential: CPC need to change its leadership methods, judicial authorities need to correctly perceive the leadership of CPC. Therefore, CPC has to accomplish control over the judicial system via rules and the state needs to accomplish judicial independence through legislation. Based on discussion of the concept, origin and characteristics of judicial independence, this paper demonstrates the necessity of judicial independence, introduces the history and development of judicial independence in China, and discusses the importance of judicial independence in the process of establishment of rule of law in China.Part two focuses on the legitimacy and means of leadership of CPC in judicial work. The absolute control of CPC over the political scenario has never been demolished. Judicial work has to be carried out under the leadership of CPC. However, existence does not mean reasonableness. The paper proves the legitimacy of CPC's leadership from the perspective of party politics. CPC's leadership may inevitably be in conflict with judicial independence.Part three introduces the possible conflicts and attempts to identify underlying reasons. Based on the introduction of part three, part four proposes potential alternatives to resolve those conflicts, which aims to achieve harmony and coexistence of CPC's leadership and judicial independence.