试论法院依法独立行使审判权

On Independent Exercise of its Judicial Power in Accordance with Stipulations of Law by the People's Court

人民法院依法独立行使审判权是我国法律确立的一项基本法律准则。由于我国法院机构设置、人事管理、预算制度和法院内部机构方面固有的弊端,使法院依法独立行使审判权难以实现。解决法院独立和法官独立方面存在的问题,才能从根本上实现人民法院依法独立行使审判权。

: The independent exercise of its judicial power in accordance with stipulations of law by the people's court is a basic legal rule established in China's law. The court hardly does so as a result of maladies in the establishment of court institution, personal management, budgetary system and internal structure of courts. Only problems are solved in court independence and judge independence, can the people's court substantially exercise it judicial power in accordance with the stipulations of law.