当代中国“司法不独立”的原因及对策

本文探讨了当代中国存在"司法不独立"问题的原因,认为人们在如何认识"司法独立"问题上存在误区;在提高法官素质问题上陷入先有鸡还是先有蛋的怪圈;现行的错案追究制影响了法官独立地行使审判权.在我国当前司法权尚处于权利弱势的情况下,提出了解决当代中国的"司法不独立"问题的几点对策.

Reasons for Absence of Judicial Independence in Contemporary China and Solutions

Judicial independence involves that judicial authority is performed independently by law court according to law without administrative or legislative intervention; law courts conduct trials without intervention from each other; Judges perform their official functions independently according to their conscience. Judicial independence includes independence of courts and independence of judges. In this thesis, first, the reasons for absence of judicial independence in China are discussed. Firstly, there is a long-standing mistaken idea about how to understand judicial independence; Secondly, there is a vicious circle of "chicken and egg" when talking about improving the quality of judges; lastly, judicial authority cannot be performed independently by judges because of the current practice of ascertaining responsibility for misjudged cases. Second, the solutions to the problem of absence of judicial independence are discussed, especially under such circumstances that judicial powers are relatively weak in present China.