On Judicial Independence and System Guarantee
LI You-bia
Abstract
LI You-bia
Abstract
The dividability of the state power has determined that the judicial power must be a kind of independent power. The independence of the judicial power is mainly directed against the executive powers. The range of the judicial independence includes both outside and inside independence. The guarantee system of judicial independence should be designed according to such principles as the integration of law's actuality and futurity, of power and duty and of centralization and decentralization.
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The dividability of the state power has determined that the judicial power must be a kind of independent power. The independence of the judicial power is mainly directed against the executive powers. The range of the judicial independence includes both outside and inside independence. The guarantee system of judicial independence should be designed according to such principles as the integration of law's actuality and futurity, of power and duty and of centralization and decentralization.
Key concepts: Independence (probability theory), Judicial independence, Duty, Power (physics), Judicial discretion, Law, Separation of powers, State (computer science)