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审判独立是现代司法制度的基本原则,在国际法和外国法中都有明确规定。审判独立是保障案件结果公正的前提,是司法公信力的基础,我国司法实践中的审判独立原则和制度存在诸多问题,有的甚至相互矛盾,严重影响了我国以法治国和司法发展的进程.本文就审判独立中存在的问题和解决方法做了简要的分析.
The independence of the trial is the basic principle of the modern judicial system, and it is clearly stipulated both in international law and in foreign law. The independence of the trial is the prerequisite for guaranteeing the fairness of the outcome of the case and the basis of the credibility of the judiciary. There are many problems with the principle and system of judicial independence in our judicial practice, and some of them even contradict each other and seriously affect the process of our country’s rule of law and the development of the judiciary. A brief analysis is made on the problems and solutions in the trial of independence.