中華人民共和國法官獨立審判의 문제점과 改革方向

In China, the three powers of administration, legislation, and judicature are not independent of each other. Judicature is not only under the supervision of National People`s Congress, but also it is affected by the local government because of financial reliance. Futhermore the judge is under the influence of the Communist Party and the inquiry committee in the Court. After opening the market, China has been trying to adapt to variations of economic foundation and then reforms its current judicial system like no intervention from administration, the reinforcement of the panel of judges, the abolition of the inquiry committee, the specialized appointment of judges, enhancing self-cultivation and judicial ethic, building up judge`s training system and so on. China is sinicized socialism, the chinese judicial system including the judges also has its own way to understand social structure, historical progress, the profit of the people and the harmony of race. However, the renovation of china is still experimental, undecided and contemplative. Chinese judicial system was faced by the challenges after the entrance to WTO and chinese market is beyond the meaning of local area. The chinese law and the judges has a tendency to international law and demand. But it is necessary to check the prerequisite among the positions from many countries, the judges trained and accumulated by the cultivated ethic including the experience of the change of law/country system can be a good human resources for the area of adjustment of the combined and changing value in China in the future