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司法独立与西方法治观念密切相关,其基本内容包括观念层面和制度层面,司法独立不仅意味着机构与权限的独立,还意味着推理模式与程序的独特。随着社会的发展,人们越来越注重通过要求司法的公正和现代化,以期实现社会治理方式的合理化和科学化,其中司法独立是一个不容回避的课题,对此,国家也提出要“推进司法改革,从制度上保证司法机关依法独立公正的行使审判权和检察权。”本文指出随着人们追求法治社会意识的不断增强,制约司法独立的各种问题必将最终解决,真正的司法独立体制必将确立。
Judicial independence is closely related to the concept of the rule of law in the West. Its basic content includes the concept level and the system level. Judicial independence means not only the independence of the institution and the authority, but also the unique reasoning mode and procedure. With the development of the society, people pay more and more attention to the justice and modernization of the judiciary in order to realize the rationalization and scientification of the social governance. Judicial independence is an unavoidable issue, and the state also proposes to push forward Judicial reform guarantees the judiciary to exercise judicial power and procuratorial power independently and impartially in accordance with the law. "This article points out that as people’s awareness of the rule of law continues to grow, all kinds of problems that constrain the independence of the judiciary will eventually be solved. The real judicial Independent system will surely be established.