论我国司法独立的实现及其路径选择

Judicial Independence and its Realization

司法独立是近代西方国家普遍承认和确立的一项基本法律准则。随着我国依法治国基本方略的确定和不断推进,司法独立、司法公正、司法效率已成为全社会的共识和司法机关为之追求的目标。本文从司法独立理论的产生及其发展入手,对中国司法独立面临的问题,司法独立应该正确选择的路径进行了分析和研究,以保证司法独立的实现,并力求对我国的司法改革产生影响。

Judicial independence is a basic legal norm widely accepted and established in some western countries in modern times. With the establishment of the basic strategy of rule by law and its progress in China, judicial independence, judicial impartiality and judicial efficiency are becoming widely accepted and one of the targets of judicial organizations. This paper, based on the analysis of the origin and development of the judicial independence theory, studies the present situation of judicial independence in China, its problems, and the four relations which should be properly handled in the process of judicial independence so as to guarantee its realization. It is expected to exert some influence on the judicial reform in China.