On The Initiative Of The Judges In The Chinese Context

Nowadays, society and system transitions have become the most prominent characteristics of Chinese socioeconomic development. Under this macro background, China's judicial reform has entered into a critical period. On one hand, the socialism law system has been established, and on the other hand, its development faced many specific problems; judicial system cannot respond to social needs timely and effectively, and the authority of judiciary has not yet been widely established in our social life.Active judicial activities have been carried out nationwide. Through analysis of the judge system, this thesis proposed that judge should bring his initiative into fully play, respond to social needs timely and effectively during different litigious stages, so as to compensate the defects caused by imbalance development of the legal system. Through active actions, judges can make their contribution for building a harmonious socialist judicial system, and provide practical materials for China's legal development.This thesis consists of three chapters and nine sections; from the perspectives of condition, ontology, and operation, it discussed within the context of China, why the judge should take initiative, what the judge's initiative is and how to take initiative. It aimed to draw an outline of its urgency, feasibility and value. Through operation and comparison, it analyzed the specific measure and principle.Chapter one is the condition of the judge's initiative within the context of China. It mainly discussed its necessity, possibility and value, demonstrated that it is necessary, possible and valuable for the judge to take their initiative within the context of China. These three conditions can answer the question about if it is necessary for the judge to take initiative during their judicial practice.Chapter two is the ontology of the judge's initiative within the context of China. It mainly discussed its connotation, characteristic and orientation, in hopes to answer the question about what the specific issues are during their judicial practice. At the same time, gave a clear definition of its orientation and limitation, so as to respond the doubts about judicial activism.Chapter three is the operation of the judge's initiative within the context of China. It focused on the specific operation for the judge taking their initiative. From the perspectives of method, supporting measure and influence, it demonstrated how to take initiative, how to deal with its relation between other judicial operation mechanisms. It aimed to make a predictive analysis, make it more realistic, clear and easy to operate, so as to achieve the desired effects and to realize its own value.In general, within the context of China, by the judge's fully playing initiative, it not only benefits the reform of our judicial system, but also has constructive effect on building the ideal picture of"subjectivity of China". So keynote of this thesis lies in analyzing the value of the judge's initiative, digging for its content and characteristic, and researching its methods and process; it is of great significance for China's legal development.