Pre-trial criminal judges is a major focus in the world,which play an important role to the criminal justice and efficiency,power control and the protection of human rights and judicial neutrality.

The existence of this judicial legislation is in a sense necessary and rational,because of its unique functions to offset the defects of statute law,and to develop law etc.

Like the legislative body s legislation and facultative legislation,judicial legislation in essence belongs to an approach to the enforcement of legislative power,but due to the particularity of its legislative subjects and legislative ways,it differs from others in such aspects as its origin,evolution and practical implementation.

On the judicial independence under the contemporary China s constitutional government system;

Century Vicissitude: the Idea of Judicial Independence and the System Evolution——Review from the Perspective of Judicial Modernization;