理论界对于司法独立的论述大多是基于职能论语境下主张借鉴西方建构中国的司法独立,是制度建构问题,但在逻辑前提上却遭遇了理论困境,笔者试图回归司法独立的价值层面探讨,提出司法独立的“价值论”以期赋予司法独立以新的内涵。 Most of the arguments of theorists on judicatory independence are based on functional theorists’ discourse to advocate drawing lessons from the western independence of the judiciary in building the Chinese judiciary, which is a matter of system construction. However, on the premise of logic, however, they have encountered theoretical predicaments. The author tries to return to the value aspect of judicial independence, Put forward the “value theory ” of judicial independence with a view to endow judicial independence with new connotation.