On The Concept, Present Conditions And Countermeasures Of The Judge's Independent Trial In Our Country

The judicatory reform of our country has achieved great success in recent years but it hasn't made any breakthrough till now. The main reason lies in the misunderstanding of the construction of judicatory jurisdiction. People usually take the court as the main body of this reform and construct jurisdiction only from the angle of the court itself. The judge, the real main body, isn't placed in the principal position. The judicial independence people mention is based on the logical independence of the court, however, just as the judicatory practice in modern countries proves, the judge's independent trial is the core and base of the modern judicatory system and the basic precondition of realizing the impartiality. Consequently, we should not only insist on that the court exert jurisdiction independently, but establish and guarantee the judge's independent judicatory supportively. This paper mainly discusses the necessity and systematic requirements of the judge's independent trial under the current situation from a judge's point of view, explores the problems and embarrassment the judge meet in judicatory practice and presents the corresponding measures to make improvement. Besides the preface and the conclusion, there are altogether 3 parts about 32 000 words in this thesis. The structure is as following:The first part: the concept of the judge's independent trial. The author first analyzes the concept and characters. To further make clear the concept, the author then compares the relationship between judicatory independence and the independent trial of the court and the judge. Finally, the author explains its foundation and significance from the aspects of nomothetic base and value analysis.The second part: the predicament the Chinese judge meets in independent trial. The author applies demonstration analysis method to introduce the actual situation of the contemporary Chinese judge's independent trial, delicately analyzes what the problems are that the Chinese judge confronts in judicatory practice and the specific case cognizance, what the factors are, in which way and how they influent the judge's decisions in the particular judicatory decision-making process. Besides, the author explains all kinds of authority relationship and factors the judge has to take into account in dealing with the specific case. Through this section's analysis, we can find that in court there are some unreasonable systematic arrangements and unsystematic factors which are interfering the judges to exert their independent jurisdiction. Meanwhile, in the country's authority administration and practical work, both the Party Committee and the National People's Congress restrict the judge's independent trial to different extent.The third part: the idea of perfecting the independent trial of the Chinese judge. To the problems the second part discusses, the writer puts forward five aspects to perfect the idea accordingly: (1) perfect the leadership of the Communist Party of China to the court work; (2) legalize the supervision of the National People's Congress and its Standing Committee to the court work; (3) set up independent judicial funds budget system; (4) reform the operating mechanism of judgement to be of administrative, and establish the judge's independent trial system, including reducing the administrative office clerks, separating the management of administration and trial,and reforming the operating mechanism of the trial committee; (5) reform and perfect the judge system which concludes improving and carrying out strictly the judge's engagement requirements, reforming and perfecting the present promotion mechanism and establishing impeachment system of the judge, improving the supervision mechanism as well.