审判独立是司法独立的内核,其地位举足轻重。根据长时期以来的法律执行原则和审判现状,笔者认为根据“人民法院依照法律规定独立审判案件,不受任何行政机关、团体和个人的干涉”的法律规定,法院应该作为一个独立的机构,因而能够独立地行使自己的审判权,而不是受到其他条件的制约与束缚。从宪法功能上讲,审判独立原则是宪法的必然体现,审判活动受到宪法原则的制约。 Judicial independence is the core of judicial independence, and its status is of decisive importance. According to the principle of execution of law and trial status since long time ago, the author believes that the court should act as an independent institution according to the law of “People’s Court independently adjudicates cases in accordance with the law and is free from any interference by any administrative organ, organization or individual” , And thus be able to independently exercise their jurisdiction, rather than being constrained and bound by other conditions. From the perspective of constitutional function, the principle of the independence of the trial is the inevitable manifestation of the constitution, and the judicial activities are restricted by the principle of the constitution.