| Fair judicial jurisdiction premise is independent, and judicial independence is the core requirement of judges exercise judicial power independently. At present, with the Third and fourth Plenary Session of the18th Central Committee of the Communist Party of China opened a new round of judicial reform prologue. Firstly, this paper starts from the introduction of the judges exercise judicial power independently according to law for international documents clearly defined, but also for the majority of countries in the world recognized, and the provisions in the Constitution and relevant laws. Secondly, this paper introduces the judges independent exercise of judicial power of the theoretical basis and discusses the judge independently exercise jurisdiction over a significant impact on the country and the historical development of our country in the exercise of judicial power and reality of the state area. Subsequently, this paper describes the judge in the country hinder independent exercise of judicial power factor, I believe that not only unreasonable impediments on the system design factors, personal factors judges themselves could not be ignored; currently the world continue to strengthen exchanges in the legal the system can also learn from each other and improve, so, in order to achieve our judges exercise judicial power independently, learn from the advanced experience of foreign countries is very necessary. This paper mainly from the system of the selection of judges, judicial system to ensure funding and judge’s professional guarantee system up to absorb foreign advanced experience. Finally, this paper describes the current judicial reform experience, and the combined experience of the pilot, the extraterritorial advanced experience and our specific situation of the country to protect judges exercise judicial power independently made my personal recommendation, hoping to explore a way to protect judge exercise judicial power independently. I wish I could make my effort to make our country better. |
