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一我国实现法官独立审判的障碍审判主体在运行机制,制度构建中的地位和作用是不言而喻的。法院的中心工作是审判,审判主体是法官。司法的亲历性、判断性要求审判权应当赋予审理具体案件的法官,法官是司法运作的直接主体。我国宪法及有关法律虽肯定了独立审判的司法原则,但在有关司法制度的设计上及具体的运行有诸多障碍,阻碍了该原则的贯彻,主要表现在:1.审判权力地方化。审判权的行使明显受地方有关机关的干预、影响。究其制度上原因,主要有几点:(1)地方
It is self-evident that the main body of the obstacles to the realization of the judge’s independent judgment in our country in the operation mechanism and system construction. The center of the court is the trial, the main judge is a judge. Judicial authenticity, judgmental requirements The judicial power should be given to judges who handle specific cases. Judges are the direct subjects of judicial operation. Although our country’s constitution and relevant laws have affirmed the judicial principle of independent trial, there are many obstacles in the design and operation of the relevant judicial system, which impede the implementation of this principle. The main features are as follows: 1. Localization of judicial power. The exercise of judicial power is obviously affected by the intervention and influence of the relevant local authorities. The reasons for the system, there are several main points: (1) place