On The Court's Roles Dealing With Modern-typed Lawsuits

With the emergence of modern-typed lawsuits, the roles of traditional-typed court have come into question. To keep the lawsuits under control, the court has to take a more active attitude, which is evident in the judiciary of Japan and the United States. In China, however, we don't have a systematic and profound research on this recently emergent problem of modern-typed lawsuits. So, to fill in this blank, the author makes an analysis of the roles and functions of the court based on the comparison between Japan and the US.Chapter one, to present a general introduction of modern-typed lawsuits by describing the features with typical cases and by comparing Japanese modern-typed lawsuits and American ones;Chapter two, to explore the court's role of making public policies in modern-typed lawsuits, and to point out the soundness of the court's such role in spite of its double faces - passiveness and activeness, by discussing the relationship between judicial procedures and political ones, the participation in the lawsuits of pressure groups, and the forming mechanism of court's policies;Chapter three, to demonstrate the proper state of the court and the judge in face of modern-typed lawsuits by providing the theory of "administrative judge", which enriches the concept of being a judge, and to point out that the court in modern society should not only put emphasis on its traditional legal functions but promote the development of modern-typed lawsuits as well.Chapter four, based on the previous analysis and comparison, to examine the present situation of Chinese modern-typed lawsuits, to provide a series of counter-measures, and to prove the necessity and righteousness of the expansion of the present court's rights.