Century Vicissitude: the Idea of Judicial Independence and the System Evolution——Review from the Perspective of Judicial Modernization
Xia Jin-wen · 2004
As a fundamental principle, judicial independence is the token of formal reasonableness of judicial modernization, and an important staff for testing the degree of legal civilization of a country. From the perspective of judicial modernization, by reviewing the hundred-year devious course of the judicial independence of China in the 20th century, the formation and establishment of the idea of the judicial independence in modern China has been outlined. The origin of the Chinese judicial independence and the success and failure thereof has been discussed from the historical start of judicial modernization concerning the modification of laws and regulations at the end of Qing Dynasty. The inherent conflicts and restricting factors will be analyzed. The judicial independence of modern China has gone through its blossom and decline, reflection and reformation, reconstruction and progress. The century vicissitude reflects the skeleton of the idea of judicial independence and the system evolution, and shows the essence and inherent law of the evolution.