实施审判独立原则之辨思

On the Implementation of Judicial Independence

审判独立是一项宪法原则,该原则的落实对发展社会主义市场经济、民主政治和文化建设都具有重要的意义。实现审判独立,不只是宪法条文的规定,也是联系着各种复杂因素的社会问题,我们应该立足于中国的实际,抛弃非此即彼的简单思维,运用辨证法,使对立着的矛盾双方走向统一。实施审判独立原则,要处理好以下几对关系:大局着眼与小处入手、保持独立与以退为进、接受监督与树立权威、选用良才与充分保障、消极独立与积极独立、群众满意与终局裁决、法院独立与法官独立、制度创新与强化管理。

Judicial independence is a principle of the constitution, the practice of which gives great significance of the developing of socialist market economy, democratic politics and cultural construction. The implementation of judicial independence is not only described in the constitution but also is connected with many complex social issues. We must have our feet firmly planted in our own country, trying to practice dialectics so as to unite conflicting sides of various issues. Constructive principles to adhere to in such practice include： looking into the overall situation while starting with small details; maintaining independence while going ahead by backward; staying under the supervision while building up prestige; practicing both negative independence and positive independence; seeking both mass satisfaction and final adjudication, conducting both court independence and judge independence, and creating new system of administration.