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贺卫方认为,要实现司法公正需要关注的八个制度要件: 第一,我们必须改变目前的司法权实际上从属于地方的问题。在现行制度上,我们的司法管辖范围与行政以及立法的管辖范围完全重合。宪法规定法院院长以及法官由同级人大及其常委会产生并对其负责,财政也完全依赖地方权力导致法院对地方的严重依赖。第二,我们应该改革法官的选任制度,准确地说,是严格按照《法官法》所规定的标准选任法官。第三,司法权的司法化问题。司法权的行使方法必须要得到真正的反省,并且在程序
He Weifang believes that the eight system essentials that need to be paid attention to in order to realize judicial fairness are as follows: First, we must change the issue that the present judicial power is actually subordinate to the localities. In the current system, the scope of our jurisdiction exactly matches the administrative and legislative jurisdiction. The Constitution stipulates that the president and the judges of the court shall be born and held responsible by the people’s congress and their standing committees at the same level and that the government also depends entirely on the local authority to cause the court to rely heavily on the local authorities. Second, we should reform the system of selecting judges. To be exact, we strictly select judges according to the criteria set forth in the Law on Judges. Third, the judicial issues of judicial power. The method of exercising judicial power must be truly reflective and procedural