审判独立的内涵与制度保障

The Intention of the Independent Trial and Guarantee of the System

审判独立最终归结为一条根本的内在的理由 :审判权是判断权。审判独立的内容既包括法院的独立也包括法官的独立。当前我国的审判体制存在诸多漏洞 ,为保证审判独立 ,我国亟需建立的两项制度是 :法官职务固定制、法官薪俸固定制。

The inherent reason of independent trial is that the right of trial is the right of judgement.The independent trial includes not only the independent courts but also the independent judges.Now there are some loopholes in the system of the trial in our country.To ensure the independent trial,we must build the following two systems,the fixed position of judges and the fixed income of the judges.