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Abstract The independence of justice is an important symbol of a modern country which rules of law, and it is the essential for the modernization of legal system. To persist in and guarantee the independence of justice is the precondition of the realization for the ruling of law. Under the guidance of the spirit of the 16th People's Congress, and closely relating to the politics development and process of rule of law in China. this paper, to expatiate the basic essence of justice independence, is trying to make a comparative analysis in following aspects: the jurisdiction independence, the independence of department of judicature and the judge independence. The viewpoint of the paper is to guarantee the justice independence, the power separation system, the court organization system, the judge selection system, and perfect the judgment procedure system so as to remove the judges' subjective ideas off through the scientific system.
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Received: 25 March 2004
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