On The Judicial Activism Of Criminal Trial And Supervision From The Procuratorate

In 2009, the Supreme People's Court of Justice of the top-down implementation of active measures, and aroused widespread concern. Over the past year, the dynamic field of justice in the trial practice at the same time fully implemented, but highly controversial legal theory. As an intention to expand the power of legal supervision of the responsible duties of the prosecution, how to conduct supervision and timely intervention to ensure its good functioning of judicial practice areas, as very realistic, urgent research topic. In this paper, the areas of criminal justice perspective, opening the way to measure the value of the dynamic Analysis of the feasibility of the implementation of justice, necessity and importance of the judiciary through the origin of active, dynamic judicial interpretation and the practical value of the special value of justice in criminal trials of active refining, progressive reduction of active layers of the purpose of judicial practice and values. Second criminal trial, the dynamic performance of judicial practice and theoretical differences as the starting point, through two different perspectives to analyze and reveal its presence in the implementation of the deviation may be the risk of bad credit risk and the risk of corruption, inspection and supervision for the following dynamic theory of justice paving the way for the system described, while the active implementation of the risk of Justice confirmed the existence of negative inspection and supervision of the necessity and urgency of intervention. Third set to start on the theory of active judicial supervision of prosecutors described as focused on the vital role to play, to interpret the rules as the key focus of inspection and supervision of the basic ideas put forward. The purpose of dynamic justice criminal trial rules, the value of rules, modalities, rules, procedures, rules and system rules, constitute the dynamic expansion of judicial power as the implementation of the border. Close the end of articles for the implementation of the criminal trial of the dynamic performance of the judiciary to interpret the existing means of inspection and supervision under the legal system, based on the guidelines focus from the criminal policy, regulate the supervision of legal interpretation, the constraints of sentencing discretion of the trial of three active criminal justice aspects of Perfecting the inspection and supervision mechanism for the idea. In the criminal policy guidelines, the focus on how to monitor JUSTICE Justice Policy in a criminal trial the implementation of the analysis; in the legal interpretation of the supervision norms proposed interpretation of the law the evidence stand, viewpoint game and countersigned documents supervision methods; in constrained sentencing discretion, the proposed establishment of sentencing error evaluation system, establish and improve the inspection method of communication mechanisms, the establishment of real-time monitoring of the sentencing process of inspection and supervision mechanisms envisaged. Finally, the article features based on the inspection and supervision of thinking, not to avoid active judicial prosecution of criminal justice supervision deficiencies, to promote active judicial inspection and supervision of criminal justice theory in future research, enriched and developed. Conclusion part, the article called for efforts to enrich the whole society and the development of dynamic theory and practice of justice, so that dynamic judicial opinion on this article further sublimation.