A Research On The Limit And Realization Of Active Judicial

Our country's judicial reform has been difficult and twists and turns,Re-examine moving up in judicial reform process, will find since reform and opening in China judicial mode by roughly follow the "from actively to restrain,next on the contrary" process. From the beginning of current century, In some cases of our country, we can see that judicial organ or the judge are active, some areas organ adventured activism judicial and practice initiative with distinct features judicial mode.In recent years, put forward by some officials judicial practice and academic positively response, become the theoretical exploration and practice definition judicial activism inaccurately, The boundaries are not clear, its realization are still not clear. This paper attempts to define the connotation, limit judicial to move, and puts forward the realization of active judicial path.First, This paper discusses the process of judicial reform briefly, Comparative analysis of the differences judicial activism between our country and America, analyses the different social background, and points out that the means of American judicial activism does not accord with Chinese social historical conditions.and points out that the judicial activism is understanding in the specific social and historical conditions demand and choice.The next part in this paper analyses the necessity of judicial keep certain limits, according to the judicial operation characteristic, judicial basis, judicial object, judicial body determines the features of judicial. Demonstrated the legal boundaries that judicial should be the constitution and the law principle, judicial object should be certain selectivity, judicial actions should grasp the judicial neutral, judicial restraint.Finally, this paper points out the path to realize judicial activism, analysis the nature of the judicial activism and big mediation move, starting with the same purpose. points out that the core form of judicial realize move should be the lbig mediation move, judicial organs should be dominant in big mediation.