（Abstract）

Starting from the judicial independence structure analysis，the Chinese judicial practices and the judicial reform practices have many merits. As a system concept，extensions of the definition of the judicial independence include external structure，internal structure and up-down structure.

The external structure refers to the independence of the judicial organs. The judicial independence firstly means that the courts as judicial organs shallbe independent from party organs，administrative organs and legislative organs.The independence of the judicial organs is further divided into two aspects：independence in form and in substance. The independence in form requires that the courts as state organs shall be legal entity. The independence in substance refers to the independence of functions，and the courtsare sole subjects for exercising the power for trials. We have met all the requirements forthe independence in form. For the substantial independence，it still encounters a lot of challenges from different aspects，mainly written instructions by the leadership for specific cases，although we have met basic requirements for that.

There seems an increasing tendency of the written instructions by the leadership for specific cases. The written instructions by the leadership for specific cases may be divided into two types. One is that the leadershipread the file and transfer the cases to relevant institutions，the other is that the leadership read the file and write specific instructions for specific cases.

The former practice shall not be encouraged although it does not violate laws and regulations. It has more disadvantages rather than advantages. Its advantages include：1.a method used by the Party and governmental leadership to contact and care the masses；2.a method to get first hand information of the judicial activities by the Party and governmental leadership；3.a way to supervise the judicial activities by the Party and governmental leadership. Its disadvantages include：1.unfairness for parties involved in cases；2.easily resulting in ‘competition for requesting written instructions’ byparties involved in cases；3.decreased efficiency；4. leaving a room for possible corruption. From the above we can easily see the advantages and disadvantages and we really hope that the written instructions by the leadership for specific cases will come to an end as early as possible.

The latter practice violates the Constitution and the laws，destroys the judicial independence，and seriously affect handling of cases by the judicial organs in accordance with laws. Therefore，accountability system for this practicemust be set up and adopted.

The internal structure refers to the independence of judges. The core of the judicial independence is the independence of the judges. The courts are comprised of the judges and it is them who accomplish the functions of the courts.Without the independence of the judges，there will no judicial independence.

The independence of judges is beneficial for equity and efficiency，whichhas been increasingly recognized. The present reform of calling off review andapproval cases by presidents and chief judges is a promotion for Chinese justiceapproaching to the independence of judges. However，the independence of judgesis beneficial for controlling corruption has been ignored by many people. Theindependence of judges creates responsibilities of judges，the responsibilities ofjudges create desire to make achievements，the desire to make achievements creates honor of judges，the honor of judges creates conscience of judges，the conscience of judges creates incorruptibility. This is an incentive mechanism for theindependence of the judges.

The independence of judges and guaranteeing for the independence of judgesare complementary to each other. The guaranteeing for the independence of judgesincludes many aspects，among which abolishing the judge grade system in a samecourt is an important assurance.

The Chinese judge grade system is very strict. Firstly，the judges are classified into different administrative levelsection leves，section level，department level and bureau level；secondly，they are divided into 12 levels of four grades - judges，senior judges，associate justice and Chief Justice；Thirdly，there exists leadership relationship among them-judges，presiding judges，chief judges and presidents. The judge grade system is a core reflection of administrative characters of the court operation，which greatly affect presentation of their views by members of the collegial panels and seriously hinders independent settlement of lawsuits in accordance with laws. Therefore，the judge grade system shall be gradually abandoned during the process of the judicial reform.

The main reasons for the abandonment of the judge grade system in a same court are：1.the judges in a same court will possibly discuss a case on a same collegial panel，so members on the same collegial panel shall be horizontally equalinstead of vertical leadership；2. the judge grade system in the same court paves a way for appointment and dismissal of judges by other judges. If promotionof judges at lower positions was controlled by judges holding high positions，the legal collegial panel system will substantially develop into to director responsibility system；3. the abandonment of the judge grade system and different leadership will guarantee the judges to settle lawsuits only based on laws and regulations；4. the abandonment of the judge grade system will guide the judges to pursuit of reputation for fair trials instead of reputation for promotion. The pursuit of promotion will easily bring about corruption and pursuit of reputation for fair trials is beneficial for equity.

The judicial independence shall also include the independence of the courts at different levels from each other. However，there are some practices contrary to these values，which include：1.strengthened concept ofleadership between higher level and lower level. The legal provision ofsupervising judicial activities in lower level courts by the highar level courts has formulated the concept of the leadership，which has been further strengthenedin judicial practices. The lower level courts ask for instructions from higherlevel courts has developed into a system，which is a challenge to the independence of the courts at different levels from each other. However，a gradual abandonment of asking for instructions is gradually developing into the independence of the courts at different levels from each other；2. a vertical system of the court arrangement proposed by the academic circles. Facing increasingly serious regional protectionism，a vertical system of courts arrangement was proposed with an aim to enhance control of lower level courts by higherlevel courts.It appears reasonable，but in substance it goes from one extreme to the other. In fact，such independence of courts from the state organs will be realized at the cost of independenceof the courts at different levels from each other；3.internal guidance relationship. The enhanced concept of such leadership has resulted in a routine practice to guide works of lower level courts by higher-levelcourts in the name of‘internal document’. The‘internal document’not only constitutes a threat to the independence of the courts at different levels from each other，hut also a threat to the judicial publicity.

To adhere to the independence of the courts at different levels from eachother must reestablish organic relationship of the courts：to change the current grassroots courts into simple courts at first instance to accept minor criminal cases and civil cases involving small amount of money by single judge trial；to change the current Intermediate Courts into Ordinary Courts for case trials atfirst instance to accept criminal cases and civil cases except those handled bythe simple courts at first instance and all administrative cases by collegial panels；to change the current special courts into special courts for case trial at first instance to accept special cases at first instance by collegial panels；to change the current High Courts into appeal courts to accept appeal cases by acollegial panel consisting 5 members；to set up High Courts in different regionsto accept the death penalty cases to be approved by Higher Courts and civil cases at third instance involving parties from different jurisdictions for second instance（to adopt the two instances system except this）；the Supreme Court may rehear cases which have already had two instances or three instances by a collegial panel consisting 7 members. Cases of changing previous judgments after rehears shall be made in public.

In summary，the complete judicial independence shall consist of the independence of the judicial organs，judges and courts at different levels from each other. Of course，it will take time to realize this complete judicial independence. Anyways it is delightful to see that the curtain of the stage for judicial reform has been undrawn and there are a lot of theories for the judicial independence and we never lack actors，if the history creates directors with great talent and bold vision，the performance is bound to succeed.

Translated by Li Xixia