1. The concept of judicial independence

Let’s first look at the definition of justice. Judiciary refers to the national judicial organs and their staff who specifically use the law to try cases in accordance with legal powers and legal procedures. Activity. From a Western theoretical point of view, judicial power is the power of trial, that is, only judicial organs, that is, courts, exercise judicial power. However, judicial power in our country also includes procuratorial power. This article will start with the analysis that judicial power only includes trial power. Judicial independence means that judicial organs and judges independently exercise judicial power in accordance with legal provisions during the hearing of cases. Judicial independence, as a basic principle of modern justice, is the product of the separation of powers in the West. In the 17th and 18th centuries, bourgeois enlightenment thinkers put forward the idea of ??separation of powers in response to the phenomenon of feudal monarchs monopolizing power and abnormal concentration of power. Its representative, Montesquieu, believed that the country should separate legislation, justice, and administration into different organs. The current political system in Western countries is based on the separation of powers, and judicial independence is well run. In our country, the principle of judicial independence is legally embodied as the "principle of the independent exercise of judicial power by the people's courts." However, this principle has been expressed differently in different periods. In 1954, my country’s first socialist constitution was promulgated. It affirmed the independent status of the People's Court for the first time. Articles 78 and 79 of the Law respectively stipulate: “The people’s courts conduct trials independently and obey only the law.” “The Supreme People’s Court supervises the trial work of local people’s courts at all levels and specialized people’s courts.” However, the Cultural Revolution that began in 1966 The Great Revolution wiped out the achievements in legal system construction achieved by the 1954 Constitution. During the Cultural Revolution, the People's Court, as a judicial organization subordinate to the Military Control Commission of the Public Security Bureau, had no independent status at all, and judicial independence was out of the question. Moreover, the 1975 Constitution adopted during this period also abolished the provision that "people's courts conduct trials independently and only obey the law." After the Cultural Revolution, the country began to restore the legal system, but it was not until 1982 that the independent exercise of judicial power by the people's courts was re-established as a legal principle. The Civil Procedure Law of the People's Republic of China (Trial) promulgated on March 8, 1982 was the first to stipulate this principle. Then, the "Constitution of the People's Republic of China" passed in the same year, the 1982 Constitution, further elevated it to a constitutional principle. Article 126 of the Law stipulates: "The People's Courts shall independently exercise judicial power in accordance with the provisions of the law, without interference from administrative agencies, social groups and individuals." Compared with the 1954 Constitution, the provisions of the 1982 Constitution are more detailed and specific, but At the same time, it also narrows the scope of the "independence" of the People's Court. Legislatures and procuratorial organs are not included in the "independence" scope of the people's courts. Therefore, there is a constitutional basis for promoting judicial independence in our country. The author believes that judicial independence is an inevitable requirement of the rule of law. It is a legal theory and has no ideological or class character. No matter which country or region, as long as it wants to achieve the true rule of law, the judiciary must become independent!

2. The necessity of judicial independence

Because the judiciary is not independent, many cases In particular, typical cases with great influence have not been given fair trial by law, and there have been many unjust, false and wrong cases, from the first unjust death penalty case of An Lesan after the founding of the People's Republic of China, to the case of *** and President Xi Jinping during the Cultural Revolution. The unjust case of Liu Shaoqi being tortured to death, the unjust case of the loyal minister Peng Dehuai, the unjust case of the female martyr Zhang Zhixin who was brutally slit and executed, until the unjust case of She Xianglin murdering his wife since the reform and opening up, the unjust case of young Sun Zhigang being brutally tortured to death, the unjust case of rape and murder of Nie Shubin in Hebei, and the unjust case of Teng Xingshan in Yunnan Unjust murder cases without a deceased person, unjust cases of police officer Du Peiwu shooting his wife, etc. All of them are filled with horrifying blood and shock. There are also many heinous relationship cases, money cases, favor cases, etc. in China. There are also many people who grossly interfere with the judiciary in the name of safeguarding the overall situation. On July 17, 2010, a group fight broke out between Shandong Coal Mine and Fanhe Village, Boluo Town, Boluo Town, Hengshan County, Yulin City, Shaanxi Province. This was not a simple fight. The incident, which occurred in the mountain col, was rooted in a dispute over mineral rights, and the trigger was a long-delayed case of "citizens suing officials."

Judges play the most important role in maintaining social justice in the operation of law. Therefore, we should give judges the privilege to independently exercise their rights, such as a high-salary system for judges, which will ensure that judges will not make judgments that violate the law and are unjust because of bribes with other people's property. In some places, judges are paid too little, which makes it easy for them to bend the law for money. Since judges enjoy certain privileges, the selection and appointment of judges must be strictly controlled. Moreover, judges who violate the law should be severely punished, not only because they know the law, but more importantly, because their violations are extremely harmful to society, and the harm they cause is greater than that of ordinary people. In the process of promoting judicial independence, we must ensure the quality of judges, which requires not only a grasp of legal provisions but also an understanding of legal principles. To improve the independence of the judiciary in our country, all judges in the country who do not have judicial examination certificates should be allowed to take the national judicial examination. Only those who have obtained the certificate can continue to serve. If they are not qualified, they should study. If they are not qualified, they should be laid off! Let judges like the three-blind president of Shanxi leave their posts. Judges cannot be exempted from examination for life after passing the test once, because the law is constantly developing and progressing, and new laws and interpretations are constantly being promulgated. Therefore, judges should continue to learn, and their assessment should also be carried out continuously. For example, it can be conducted once every five years. Assessment, but the scope of this assessment can be narrowed. The criminal court only assesses criminal matters. Without the above measures, judicial independence will lead to very bad results. Because before the 2002 National Unified Judicial Examination, a large number of demobilized military personnel, party and government cadres, and teachers were transferred to the court system. After a short period of training, they started trial work, but their professional skills could not meet the needs of case trials. The current adjudication committee in the court should be abolished, because this committee will create a bad situation of trial without judgment, judgment without trial, and also seriously affect the independence of judges.

4． Mass base. In our country, the concepts of "official standard" and "gold standard" in feudal society that have existed for thousands of years are deeply rooted. People generally admire "blue sky" and "wise king" and rarely believe in the independence of courts in adjudicating cases. Citizens neither trust nor consciously safeguard judicial independence. Therefore, we need to publicize judicial independence, cultivate citizens' trust in the judiciary, and recognize and maintain judicial independence.

5. To improve the lawyer system, Professor Jiang Ping once said: Lawyers are the symbol of a country's legal civilization. The prosperity of lawyers will lead to the prosperity of the country. Only when the lawyer system is developed can the country's democracy and legal system be more perfect. The success or failure of the lawyer system is related to the rise and fall of the country. . Nowadays, it is very common for lawyers to bribe judges with clients' money, and for judges to use their power to benefit lawyers, which will inevitably lead to judicial corruption. In fact, both sides complained about this outcome. The court said that the lawyer seduced the court, and the lawyer said that the judge had no choice but to use the back door to control the judicial power. I think lawyers’ complaints should attract our attention, that is, the status of lawyers is indeed too low and they are indeed a vulnerable group in front of judges and prosecutors. The improvement of the lawyer system will have a very good effect on the supervision of judicial power. This also answers the question of no supervision after the independence of the judiciary.

Conclusion: Our country’s constitution also stipulates that the procuratorial organs independently exercise procuratorial power in accordance with the law, but the reality is that the procuratorial organs have very little independent power. Data just released by the Supreme People's Procuratorate show that from 2005 to June 2009, among the defendants convicted of duty-related crimes nationwide, 69.7% were sentenced to exemption or probation. However, it only accounts for 2.68% of the total number of judgments in job-related crime cases. The main reason why the procuratorial organs dare not protest is that they have no independent power! Moreover, our country's procuratorial organs have the power to approve arrests, that is, as long as the procuratorial organs believe that the evidence is not sufficient, they can not approve arrests. In this case, She Xianglin-style and Zhao Zuohai-style tragedies would not happen.