The article starts with the necessity of establishing the mechanism of restraint and supervision over judicial power,analyzes the problems existing in the mechanism,and finally proposes concrete measures and effective ways of perfection.

Analysis on Judge s Independent Exercise Over Jurisdiction;

Resolving the problems of the conflicts between judicial process management authority and jurisdiction is important for constituting scientific judicial process management system and guaranteeing self-governed judgement by the judges.

Civil jurisdiction is not enjoyed by judge in charge of the case alone but sharing by members of collegial panel,different members and organizations inside people s court in the judicial practice.

By comparing the litigation right of criminal retrial with judicial authority and appeal against trial supervision, states the essence of litigation of criminal retrial.

Mutual restriction between the prosecutorial power and the judicial authority in a judicial office is an important link to independently exercise judicial power based on the law.

Enforcing the supervision and restraint on judicial authority is an effective way to eliminate the corruption of the administration of justice.

How is the trial power be carried out, can it functioned properly, which factors are restricting the trial power to function efficiently, all these issues cannot be avoided while doing the reasearch of the trial power.

As the important one among national public powers, the trial power is often authorized to courts in form of the Constitution or statutes; as a important part of the trial power, the civil trial power burdens the function of resolving disputes between equal subjects.

From the provisions of the International Covenant on Civil and Political Rights,the right to a fair trial can be applicated in the three procedural systems,but the right to a fair trial is mainly a right that a criminal defendant enjoys in criminal action and many rights affirmed by section 14 of the Covenant can only be enjoyed by a criminal defendant.

The root of She Xianglin case lies in the overlooking on the right to a fair trial,which is valuable to the protection of rights and control of power.

And it directly concerns the sphere division of function scope of civil jurisdiction and administrative one in our country.

Take China for example,it is necessary to widen civil jurisdiction to h.

With the established principles of civil jurisdiction in mind, China s civil jurisdiction has some defects and shortcomings,such as too much authoritative factors, too much limitations in jurisdiction, less smoothness in its operation, lack of openness.