On Judicial Fairness and Judicial Independence
LI Qing-hu
Abstract
LI Qing-hu
Abstract
Judicial fairness is the target of judicial reform in China at the present time and judicial independence is its basis and prerequisite. The key of judicial independence is that there should be a certain distance between the exercising of judicial power and the socity, that judicial organs and judical personnel are not restricted by the factors beyond regulations and that the judges judge the cases according to the law by using their professional intuitive knowledge and special knowledge. So the independence of courts and judges will be contained in the judical independence.
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Judicial fairness is the target of judicial reform in China at the present time and judicial independence is its basis and prerequisite. The key of judicial independence is that there should be a certain distance between the exercising of judicial power and the socity, that judicial organs and judical personnel are not restricted by the factors beyond regulations and that the judges judge the cases according to the law by using their professional intuitive knowledge and special knowledge. So the independence of courts and judges will be contained in the judical independence.
Key concepts: Judicial independence, Judicial discretion, Independence (probability theory), Judicial activism, Law, Political science, Judicial review, Power (physics)