On The Human Emotion In Chinese Justice's Tradition-and The Comment On Active Justice

"Tradition "and "modern "is not a natural pair of opposition. Tradition is still able to maintain vitality after regime's and social changes, and can show the same posture in the different social forms. A tradition is the result of law's evolution. as a super-cycle closed social system, it is autonomy, and for a changing modern society, it is undoubtedly also a response to nature.The meaning of human emotion is extensive and complex. The concept of Human emotion in the context of the Chinese judicial tradition includes the nature, feelings, facts, customs and other aspects. Moreover, the human emotion also has a strong social function. It is similar with the "public opinion" in the West context but meanwhile there are many differences. In the content, nature, performance and roles, they are very different from each other. We must fully understand the human emotion in the Chinese judicial tradition. We must fully understand the peasant feudal China, the traditional understanding of legal culture, and the human emotion in justice.In the last hundred years of social change, the human emotion went through its own development. In the meaning, function and strength, it has been partly dispelled. But still retains part of the tradition. The judiciary in the social transition of is also facing new functional requirements. In this context, the dynamic of judicial reform initiatives have been proposed. Judicial Activism and the "mediation" for China's political, social and legal are of great significance. It is also the practice and repetition in the judicial tradition.In the traditional governance model of China, governance and law are inseparable, and the situation is also inseparable from the governance. Political strategy is the pursuit of harmony, and harmony is a result that people have reached a same consensus in the sense. The conflicts occur between the law and relationship or between law and public opinion in the present period of social transition, just because, as most Chinese people's favor of consensus, relationship will have more rich and complex content. These elements are from the western concepts about the rule of law, which engage in a fierce collision to the traditional principle and relationship. And a traditional balance method, embodied in the "Active Judiciary, "which is in the advocacy and practice, adhering to the Chinese people themselves with "old ways" to resolve China's own "new issues." The connotation of Chinese law includes something new which is not appeared in the theory of the rule of law, meanwhile, Chinese-style justice would show different patterns of justice from the West. Only by fully understanding the tradition relationship of Chinese justice, could we forecast the situation of system construction about rule of law in order for us to meet the t of China's national conditions.