15. On the Judiciary:Without Judicial Independence, All Efforts Are in Vain

A truly democratic society must be one where the judiciary is independent. Without judicial independence, the rule of law cannot be established. Without the rule of law as its foundation, democracy remains nothing more than an ideal. Thus, democracy requires the rule of law, and the rule of law requires judicial independence. Those who claim to support democracy while opposing judicial independence are undoubtedly hypocrites.

The essence of judicial independence lies in judges rendering judgments solely based on their conscience and adherence to legal provisions, free from external interference. When a social system ensures judges can uphold this principle, judicial independence is fundamentally achieved.

What institutional design enables judges to follow the law based on their conscience and achieve judicial independence? The method is remarkably simple: consistently adhere to the principle of human self-interest, fully recognize that judges are ordinary individuals who seek benefits and avoid harm, and design systems based on this understanding.

If upholding judicial independence results in personal disadvantage, no judge will willingly adhere to it; When upholding judicial independence yields personal benefits, every judge will adhere to it. These benefits encompass social status, public reputation, and economic gain. Therefore, to ensure judges uphold judicial independence, those who do so must receive societal rewards—such as elevated social standing, positive public recognition, and increased economic compensation.

Only by upholding judicial independence can judicial corruption be eradicated. Judicial corruption poses the gravest threat to society, surpassing government corruption, educational corruption, medical corruption, and all other forms of social corruption in its severity and despair-inducing nature. This is because the judiciary represents the final line of defense for citizens seeking legal protection. Even if other forms of corruption exist, as long as the judiciary remains uncorrupted, citizens whose rights have been violated can theoretically still seek redress through judicial adjudication. However, if the judiciary itself is corrupt, citizens have no avenue to seek redress for their rights. In a society plagued by judicial corruption, citizens have only one path to remedy their rights: dismantling this corrupt social system and establishing a new democratic society.

Simultaneously, to build a new democratic society, the foremost requirement is establishing an independent judicial system. Only an unassailable system of judicial independence can safeguard the gradual establishment and refinement of all other democratic social institutions.