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.