司法行政化规制研究

RESEARCH ON JUDICIAL ADMINISTRATIVE REGULATION

由于国家权力结构及其运行机制,导致行政干预司法的趋势愈加明显。然而,行政因素介入司法领域,不但滋生司法腐败、削弱司法权威,而且降低案件审判质量和效率,也违背司法的内在价值。但是,司法独立作为规制司法行政化的关键之举,面临着传统法治文化的阻碍和缺少制度保障的窘境。而要改变司法行政化常态,必须着力于司法独立的制度性建设,主要涵盖整体独立、内部独立、身份独立和职权独立建设,从而使司法理性自身做出司法独立的归位之举。

Due to the state power structure and its operating mechanism,the trend of administrative intervention in the judiciary is becoming more and more obvious. However,the administrative factors involved in the judicial field,not only the breeding of judicial corruption,weakening the judicial authority,but also to reduce the quality and efficiency of the trial cases,but also contrary to the intrinsic value of the judiciary. However,judicial independence is the key to regulate the administration of justice,which is facing the dilemma of traditional legal culture and the lack of system guarantee. To change in the administration of justice,normalization must focus on the independence of the judiciary system construction,mainly covers the overall independence,independent,independent construction of independent identity and authority,so that the judicial rationality itself to make the move of migration of the independence of the judiciary.