2004•Unpublished venueRequires access

Judicial Independence and its Realization

Deng Lin

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Abstract

Judicial independence is a basic legal norm widely accepted and established in some western countries in modern times. With the establishment of the basic strategy of rule by law and its progress in China, judicial independence, judicial impartiality and judicial efficiency are becoming widely accepted and one of the targets of judicial organizations. This paper, based on the analysis of the origin and development of the judicial independence theory, studies the present situation of judicial independence in China, its problems, and the four relations which should be properly handled in the process of judicial independence so as to guarantee its realization. It is expected to exert some influence on the judicial reform in China.

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What this paper is about

Judicial independence is a basic legal norm widely accepted and established in some western countries in modern times. With the establishment of the basic strategy of rule by law and its progress in China, judicial independence, judicial impartiality and judicial efficiency are becoming widely accepted and one of the targets of judicial organizations. This paper, based on the analysis of the origin and development of the judicial independence theory, studies the present situation of judicial independence in China, its problems, and the four relations which should be properly handled in the process of judicial independence so as to guarantee its realization. It is expected to exert some influence on the judicial reform in China.

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Available abstract

Judicial independence is a basic legal norm widely accepted and established in some western countries in modern times. With the establishment of the basic strategy of rule by law and its progress in China, judicial independence, judicial impartiality and judicial efficiency are becoming widely accepted and one of the targets of judicial organizations. This paper, based on the analysis of the origin and development of the judicial independence theory, studies the present situation of judicial independence in China, its problems, and the four relations which should be properly handled in the process of judicial independence so as to guarantee its realization. It is expected to exert some influence on the judicial reform in China.

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

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