论司法独立原则的历史作用及其现代意义

On Historic Functions and Modern Significance of the Principle of Judicial Independence

司法独立原则产生有其历史必然性,其历史作用在于反对封建专制、确立民主法制;马克思强调的司法独立是指司法机关在审理案件中实行法官独立只服从法律的原则;司法独立的现代意义在于司法独立是审判者实现公正裁判的制度保障,也是严格正确适用实体法和程序法的保证;它能够提升司法审判的信誉度,是我国司法改革的必然趋势。

The principle of judicial independence comes into being with historic necessity, the historic function of which is to oppose feudal autocracy and establish democratic legal system; the judicial independence that Karl Marx emphasized refers to the one by which judicial organs carry out the principle of the judge being independent and only obeying the law in judging a case; the modern significance of judicial independence lies in the face that judicial independence serves as the systematic safeguard to make sure the judge realizes a just ruling and as the guarantee that substantive law and procedural law will be obeyed and put into practice strictly. Judicial independence enhances the credibility of judicial judging and therefore it is the necessary trend for judicial innovation in our country.