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司法独立作为一项原则,最早产生于近代西欧国家,清朝末年开始传入中国。从此,中国便开启了建立近代司法制度的历史进程。而现如今,在迈向法治阶段的中国,司法独立更是受到了极大的重视,越来越强烈的听到对“司法独立”的呼声。被称为“宪法司法化第一案”的齐玉苓案更是受到社会和法学界的密切关注,引发了人们对司法改革的探讨。
Judicial independence as a principle, first came into being in modern Western European countries and began to be introduced into China in the last years of the Qing Dynasty. Since then, China has started the historical process of establishing a modern judicial system. Nowadays, in the phase of rule of law in China, the independence of the judiciary has received tremendous attention and the voices heard about “judicial independence” have been heard more and more strongly. The case of Qi Yu-ling, known as the “first case of constitutional judicialization,” was even more closely watched by the social and legal circles, triggering discussions on judicial reform.