Studies on the Formation of Judicial Independence
司法独立形态考

Judicial independence is the basic requirement for the society ruled by law. It is an important way leading to social justice and a guarantee for realizing judicial impartiality. The author believes that judicial independence relates to the characteristics and patterns of legal practice as well as the results in the social relationship regulated by laws. It needs some prerequisites and necessary circumstances of legal system to realize the judicial independence. But it has some limitations if the judicial independence is regarded as a principle of constitutionality. Judicial independence is only the means or the way leading to protection of the judicial independence. Anyway, to realize the judicial independence is one of the main targets to reform Chinese judicial system, but it does not mean the whole content of the judicial reform.