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Judicial Independence And Constitutional Reform

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Chapter Summary

In the winter of 2002, the Sixteenth Party Congress furthered the program of advancing the reform of the judicial system, indicating that China's judicial reform would ultimately advance beyond the realm of academic discussion to the sphere of legal practice. Modern judicial independence must be understood in two respects. First, the principle of judicial independence is fundamental to the governance of a nation under the rule of law. Second, under judicial independence, all citizens are entitled to a fair and transparent trial conducted by an independent and impartial court. The relationship of judicial independence and the leadership of the party is an issue of fundamental significance in the establishment of the principle of judicial independence and the reform of the relevant political structure. The structural relationship between judicial independence and the People's Congress system is significant to the realization of judicial independence and the reform of the current judicial system.

Keywords: China's judicial reform; constitutional reform; judicial independence



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