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法官独立是司法独立原则的核心,其实现受司法环境的制约。制约法官独立的司法环境因素约可分为内外八项。由于这八项司法环境因素在我国并不成熟,法官独立并未确立,也远未实现。中国在立法上已确立的司法机关依照法律独立行使职权原则,不以法官独立为核心,其真正实现也有待司法改革和诉讼法律制度的完善等司法环境因素的成熟。
Judge independence is the core of the principle of judicial independence, which is restricted by judicial environment. Judicial independence of the judiciary environmental factors can be divided into eight internal and external. Since these eight judicial environmental factors are not mature in our country, the independence of judges has not been established and far from being realized. China’s judiciary, which has been established by law, independently exercises its own power in accordance with the principle of law and does not regard the independence of judges as the core. Its true realization also needs the maturity of the judicial environment such as the judicial reform and the improvement of the litigation legal system.