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党的十五大将“依法治国,建设社会主义法治国家”作为基本方略,在十七大上又重申了这一原则,为实现法治,就必须进行司法改革,实现司法公正。司法独立作为现代法治的主要标志,已为各国法律所确认,如何保障司法独立就成为各国司法改革的核心和关键,而司法独立的关键是法官独立。本文以民事诉讼为视角就法官独立的保障措施进行了简要的探讨。
At the 17th National Congress of the Party, the 15th National Congress of the Communist Party reiterated this principle as the basic strategy of “governing the country according to law and building a socialist country ruled by law.” To achieve the rule of law, judicial reform must be carried out to achieve judicial fairness. Judicial independence, as the main symbol of modern law and order, has been confirmed by the laws of various countries. How to guarantee the independence of the judiciary has become the core and key of judicial reform in all countries. The key to judicial independence is the independence of judges. This article briefly discusses the independent guarantee of judges from the perspective of civil litigation.