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Securing Judicial Independence through Institutional Arrangements: A Perspective from International Standards

LI Chang-lin

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Abstract

International standards of judicial independence require that courts and judges should not be interfered while carrying out their judicial functions, and no one should be permitted to interfere with courts or judges other than to support them to adjudicate independently. The connotation of China’s judicial independence consists of independence of full court and individual judge’s independence. Legislation and practice in China, related to judicial independence, varies a little bit with international standards. This author determines that we should take international standards as our guide to reform the defective judicial system so as to guarantee China’s judicial independence by way of institutional arrangements.

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International standards of judicial independence require that courts and judges should not be interfered while carrying out their judicial functions, and no one should be permitted to interfere with courts or judges other than to support them to adjudicate independently. The connotation of China’s judicial independence consists of independence of full court and individual judge’s independence. Legislation and practice in China, related to judicial independence, varies a little bit with international standards. This author determines that we should take international standards as our guide to reform the defective judicial system so as to guarantee China’s judicial independence by way of institutional arrangements.

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Available abstract

International standards of judicial independence require that courts and judges should not be interfered while carrying out their judicial functions, and no one should be permitted to interfere with courts or judges other than to support them to adjudicate independently. The connotation of China’s judicial independence consists of independence of full court and individual judge’s independence. Legislation and practice in China, related to judicial independence, varies a little bit with international standards. This author determines that we should take international standards as our guide to reform the defective judicial system so as to guarantee China’s judicial independence by way of institutional arrangements.

Key concepts: Judicial independence, Adjudication, Independence (probability theory), Judicial discretion, Law, Connotation, Political science, Judicial activism

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