Judicial Activism In China Thoughts

It produced from a comprehensive system of two lines of analysis, the judicial activism and judges who make law. The goal is trying to present a more complete background of the judicial activism, the development process, the value , the risk as well as its support behind the system for judicial activism in China's present and future to provide theoretical and practical support. The first part of the main statement contains the rise of judicial activism, the growth of characteristic , the meaning of judicial activism, the judge-made law and the limiting factor of judge-made law. This part is a theoretical research judicial activism. System was used in judicial activism in the judicial fields, the power of the U.S. separation of powers-style building structure, the existence of judicial activism has its rationality and necessity. The Western countries system, building their unique cultural background has been the pursuit of human values. This section also explores from the angle of the reasonableness that the judger made law. Whether the judger makes the law and the right extent to implement its power are worth pondering.The second part focuses on the legitimacy of judicial activism theory. Resolving the majority of problems is the foundation that made the legitimacy of judicial activism. The area of justice in the United States, anti-plagued most difficult problems has been the abstruse problems. Many theorists believe that this is a very contradictory proposition. This part explores the relationship between judicial activism. The proper form of judicial activism is the theory of constitutional interpretation. Interpretation of the Constitution expands time and space.The third part explores the judicial activism of the Current Situation in China. As China's unique social environment, the unique local culture and the judicial system , mediation system. These realities demand and a native of the judicial system in China provide the implementation of safeguards.The fourth part explores the judicial system of safeguards implementation in China. The part from three aspects that are the quality of judges, the establishment of China-specific case law system, and improve judicial authority. Supporting the implementation of a system needed to complement measures. In this section, the quality of judges who have not high dynamic obstruction of justice is still the crux of the most fundamental. Second trial in China, this case focuses on the advantages of the system in order to play an active role in case. Main aspects of judicial authority...