党的“十五大”提出必须依法治国，建设社会主义法治国家；必须推进司法改革，从制度上保证司法机关依法独立公正地行使审判权。由于执政党的倡导和我国司法实践的需要，近年来，我国的法学理论界与司法实践界对司法改革进行了认真的探讨和研究，使我国的法学理论和司法实践都结? The 15th CPC National Congress proposed that the rule of law must be ruled by law and a socialist country ruled by law must be established. Judicial reform must be promoted to ensure that the judiciary exercises the judicial power independently and impartially in accordance with the law. Due to the advocacy of the ruling party and the need of judicial practice in our country, in recent years, the jurisprudential circles and the judicatory circles of our country have conducted serious discussions and studies on the judicial reform so that both our jurisprudence theory and judicial practice are knotted.