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从英国上古、中古以及近代以来司法权属性的历史变迁来看,英国司法领域始终存在着某种民间的力量,司法权先后表现出社会性、私人性和独立性等重要属性,表现出民间化、专业化和民主化的重要趋向。普通法具有独立运行的品性,使得英国的司法独立成为了可能。而司法权之一部始终留在民间,是英国率先实现司法独立的根本原因。相反,中国司法权民间元素的缺失,可能是阻碍实现司法独立的重要原因。
Judging from the historical changes of the judicial ownership in the Middle Ages, the Middle Ages, and the modern times in the UK, there is always some kind of civil power in the judicial field in the UK. Judicial power has successively shown such important attributes as sociality, personalness and independence, , The important trend of specialization and democratization. Common law has the character of independent operation, making the independence of the judiciary in Britain possible. However, one of the judicial powers has always remained in the private sector and is the fundamental reason why Britain took the lead in realizing the independence of the judiciary. On the contrary, the absence of civil elements in China’s judiciary may be an important reason that impedes the realization of judicial independence.