By using his research findings on judicial reform in China and on the basis of Western experience and relevant theoretical concepts, the author has presented his thought-provoking analysis and comments focusing on sev...By using his research findings on judicial reform in China and on the basis of Western experience and relevant theoretical concepts, the author has presented his thought-provoking analysis and comments focusing on several controversial issues in the field of independence and accountability of courts. In this article, the author mainly discusses the following issues: the functions of judicial independence; the tensions between judicial independence and accountability; and the problem of transitions and the second best, that is, during China’s transitional period, it is necessary to explore some imperfect “second best” solutions for the realization of judicial independence in China. Just as the author commented, scholars and reformers should appreciate the complexities of the idea of judicial independence, and how it properly coexists with ideas of judicial accountability and constraint. China can not avoid the necessary tensions between these two values. By further analysing the relationship between these concepts and the development of the balance between them in the behavior of judges and the design of institutional relationships, the author concludes that the dilemmas in finding the right balance between judicial independence and accountability are real, yet an appropriate degree of judicial accountability and constraint can be fostered without at the same time undermining the core elements and functions of judicial independence.展开更多
文摘By using his research findings on judicial reform in China and on the basis of Western experience and relevant theoretical concepts, the author has presented his thought-provoking analysis and comments focusing on several controversial issues in the field of independence and accountability of courts. In this article, the author mainly discusses the following issues: the functions of judicial independence; the tensions between judicial independence and accountability; and the problem of transitions and the second best, that is, during China’s transitional period, it is necessary to explore some imperfect “second best” solutions for the realization of judicial independence in China. Just as the author commented, scholars and reformers should appreciate the complexities of the idea of judicial independence, and how it properly coexists with ideas of judicial accountability and constraint. China can not avoid the necessary tensions between these two values. By further analysing the relationship between these concepts and the development of the balance between them in the behavior of judges and the design of institutional relationships, the author concludes that the dilemmas in finding the right balance between judicial independence and accountability are real, yet an appropriate degree of judicial accountability and constraint can be fostered without at the same time undermining the core elements and functions of judicial independence.
