On Active Judiciary: Reconstruct The Rural Justice Conception In A Multi-interests Context

Various historical and practical factors determined that the choice ofjudicial direction in China ,to some extent ,take on a picture of instability andvolatility.At the meantime,people have increasingly attached greatimportance to judicial function in the process of social governance, in otherwords, the judiciary is closely concerning our country's stability,development and operation.So how to refine the direction of our judiciary hasbecome a stock issues both in academics and practice.Based on such a socialbackground and the multi-interests context of China,this essay chose "activejudiciary" which is sill a debatable subject as my research object.The studyare centred on the implication,content,basis and operating mechanisms of theactive judiciary,and try to analyse whether &how the "active judiciary" canbe the new direction of China judiciary. The essay is divided into three mainparts.Firstly ,This essay sums up and sorts out some literatures of rural justicein China , which still have a great influence on the judicial practice.I foundthat though the rural justice research and conception have certain explanatoryability for the judicial practice and Chinese traditional society ,this kind ofability inevitably become weak gradually,especially in the multi-interestscontext of China.To some extent,the rural justice conception of China notonly make the court more like a mediation service which act restlessly ,butalso make the judicial practice over the rule of law and fail to fulfill people'sdemands of justice. Secondly, I proceed to explain why the rural justice outof demand of the development of the society and people's demands ofjustice,and how to reconstruct the rural justice conception and refine thedirection of the judicial practice.This attempt are closely relate to the "activejudiciary",which still a debatable subject.In this part,I defined the basis ofactive judiciary, and analysed its implication from both comparative criticism and analyzing angle.Based on these,in the third part of this article,I seek torepresent how to reply the growth of discretion as the application of activejudiciary,by perfecting the operating mechanisms of the active judiciary.In this essay, I argue that the redirection of China judiciary not onlydepends on a smart and proper analysis of the active judiciary according tothe development of society and people's demands of justice in amulti-interests context,such as the implication of active judiciary;anothermore important factor which need to be taken seriously is that we must makethe judiciary first a power of judgment,that is know black from white in aneutral position and under the law and rule of law.In that sense,the conflictbetween the so-called active judiciary and judicial self-restraint is not a bigdeal.At the end of this essay ,I deem that without necessary judicialindependence,the building of the China's judicial ambition prospect throughthe application of active judiciary will just be a empty talk,to a great degree.