Judicial Independence; the Independence of the Judiciary）， It is an institutional arrangement derived from the western theory of separation of powers, including institutional independence, power independence, budget independence, judge independence and other levels. In different countries and regimes, there are different forms of expression.
judicial independence
Some countries juxtapose the judicial power with the executive power and legislative power, and endow the court (usually the Supreme Court) with the power of unconstitutional review; Some countries stipulate the independent status of the judiciary in their constitutions and laws, and require other government agencies to respect the independence of the judiciary and not interfere in judicial decisions in any form; Some countries provide necessary guarantees for judges to exercise their functions and powers independently according to law in terms of their accountability procedures, immunity conditions, personal security, term of office, remuneration and other aspects. Judicial independence is the institutional guarantee to ensure the fair trial of cases by courts, but there is no unified or single system model. For example, some countries do not endow courts with the power to review constitutionality, but the Congress or a special constitutional committee exercise the relevant power, but this does not mean that the courts in that country are not independent.
In reality, some people bind the western theory of constitutional democracy and the separation of powers with judicial independence, and think that the judicial system without constitutional democracy and the separation of powers as the premise cannot be independent. This is a wrong view of dogmatism, mechanization and extremism of judicial independence. There is no concept of "judicial independence" in China's Constitution and laws. According to Article 126 of the Constitution of the People's Republic of China, "The people's courts exercise judicial power independently in accordance with the law, and are not subject to interference by administrative organs, social organizations and individuals." This is the constitutional guarantee for ensuring the independent and fair trial of the people's courts in accordance with the law.
