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阐述了西方司法独立与我国审制独立的含义,指出了两者的不同,重点结合我国审制实践中的实际问题,分析了行政性因素干预法官个人独立和审制独立的表现和危害。指出,我国审制独立制度虽已在法律上得到了确认,但仍未脱离行政性因素的影响,存在法官管理的行政化,选任非专业化的现象,影响了审制效率和审制结果。因而应借鉴外国的成功经验,采取一定的措施,加强法官个人独立,完善和执行审判独立原则。
Expounds the meaning of western judicial independence and our country’s independent trial, points out the difference between the two, and focuses on the practical problems in our country’s trial practice. It analyzes the performance and harm of administrative factors in intervening the independent and independent judges. It points out that although the independent system of trial in our country has already been confirmed legally, it has not yet been separated from the influence of administrative factors. There exists the phenomenon of administration of judges and non-specialization of election, which affects the efficiency of trial and the outcome of trial. Therefore, we should learn from the successful experience of other countries and take certain measures to strengthen the individual independence of judges and improve and enforce the principle of judicial independence.