论党的现代化和司法独立的内在联系

On the Inner Relationship between the Party' s Modernization and the Judicial Independence

在党的现代化的进程中,如何处理好党对司法工作的领导和司法工作应有的独立性之间的关系,是我们当今政治体制改革和司法改革所要面临的难题。究其内在关系来说,党对现代化建设的科学领导内在地要求在司法工作中实行司法独立的原则,司法独立原则的实现则要求党的领导方式体现现代化的要求,而要从根本上理顺党的现代化领导同司法独立之间的关系,必须要实现二者关系的法治化。

In the process of the Party's modernization, how to properly deal with the relationship between the Party' s leadership of judicial work and the reasonable independence of judicial work is a difficult problem in the reform of our political and judicial systems. Considering from the inner relationship between the two, the Party's scientific leadership of the modernization construction internally calls for the implementation of the judicial independence principle in its judicial work, while the realization of the judicial independence principle requires the modernization demand manifested in the Party s ruling mode. However, the promotion of the relationship between the Party s modernization leadership and the judicial independence must be observed by law, and only in this way, the relationship between the two can be improved.