司法独立是在资产阶级革命后作为一项宪法性原则确立的,目前已成为世界各国公认的基本原则。司法独立是指司法权由司法机关依法独立行使,不受其他任何机关或个人的干涉。司法独立的根据是“三权分立说”。孟德斯鸠从反对封建专制出发,提出了国家的立法权、行政权、司法权应分 The independence of the judiciary was established as a constitutional principle after the bourgeois revolution and has now become the generally accepted basic principle of all countries in the world. Judicial independence means that the judicial power is independently exercised by the judiciary in accordance with the law and is not interfered by any other organ or individual. The basis for the independence of the judiciary is “the separation of powers”. Montesquieu against the feudal autocratic proceeding, put forward the country’s legislative power, executive power, judicial power should be divided