Study Of The Independence Of The Judiciary System

As the society is quite complicated and constantly changing, it is really difficult for any legal provisions or administrative measures to be reasonable and just in that all these may be influenced by people from all levels. The gist of judicial independence is to restrict the willfulness of human nature and to guarantee that man will make a fair and reasonable choice. By establishing a meticulous procedural system and a fair-play, it makes every participant do his own duty, check each other and cooperate in order to eliminate the pride and prejudice men were born with, and to eliminate the interference from any abnormal factors in order to ensure the freedom, reason and efficiency of choice. Judicial procedure has been regarded as the most important foundation to realize the society of "the restrained freedom, organized democracy, secured human rights, supervised authority and ambitious conservative."It is of practical significance in China to emphasize the importance of judicial independence. With the rapid development of market economy, the social relationship becomes more and more complex, and the social division of labor becomes varied. "China is marching towards market economy and commercialization. Therefore, it's a matter of course to contemplate the traditional substantial reasonableness and then to pay more attention to the procedural establishment and improvement." It's a pity that when we constructed the legal system that fit in with the market economy, we paid more attention to the substantial reasonableness of laws, but we neglected its formal reasonableness. So it is a task of top priority to realize truly the judicial independence and make sure it is formally reasonable. Firstly, we lack of the historic tradition. Judicial organizations were established in modern China, but judicature has been weak and it has been constantly interfered with by administrative and military organizations. Secondly, there are too manyfactors that interfere with judicature. It's been hard to realize the judicial independence as the personnel, assets, living and working conditions of judicial organizations have to be governed by local governments. Thirdly, it is a necessity as we must establish the rules and regulations of the market economy, to abide by them and supervise them. Under the circumstances of the globalization of economy, integration of information and multiplicity of interests, independent and impartial judicature has become the most pressing demand for the development of the market economy and a basic institutional guarantee.1. A definition of judicial independence from the aspect of legal principle(1) The origin and position of judicatureJudicature, in the West, is a theoretical concept and a term used in the substantive law. According to the system of separation of powers (into legislative, executive and judicial divisions) posed by Montesquieu, judicature differs from legislative and administrative power which punishes the crimes or umpires personal lawsuits. In a broad sense, judicature refers to the state organizations that enjoy the judicial power and deal with litigious disputes. In a narrow sense, judicature refers only to the courts' judgments.(2) The origin and extent of judicial powerThe system of separation of powers is abided by most Western countries. Judicial power is a kind of division of labor of the state functional power that exercises the trial and supervises the execution of the law. Compared with the administrative power, judicial power differs greatly: judicial power is a power of judgment in essence, whereas administrative power stresses the power of management.(3) The key connotation of judicial independenceFirstly, the judicial independence should mainly mean the independence of the judicial organization. In China, it refers to thePeople's courts of all levels. Secondly, judicial independence in the sense of value embodies people's pursuit for justice and reasonableness. Thirdly, judicial independence in the sense of system refers to...