The Study Of Judges' Magistrate Conduct Under Dynamic Justice

New right relations appear during social transitional period, which lead to new right disputes. How do referees judge the cases not included in the existing legal system but appealed by the party client or the cases included in the existing legal system but obvious injustice according to the existing rules?We need to reform the judgment act of judges under the guidance of judicial activism and require judges to hold a justice judicial philosophy to judge cases based their own reason and experience within the legal framework, which requires the exercise of judicial activism of judges.To analysis the active judgment of judges,we need to make the basic theory of judicial activism as premise and to test the real situation and causes of modern Chinese judges rules by learning western modern judge system experience. Only when we do this will be possible for us to explore the way of judges rules building based on judicial activism. When emphasize active judgment, we must regulate judgment act from two aspects: procedure and judgment result . Those regulations, on the one hand, can ensure the initiative of judges and improve the quality of Article; on the other hand, they can relatively curb the abuse of power and guarantee the process of active justice within the framework of law.This thesis is divided into four parts. The first part discusses issues related to the basic theory, including the content, characteristics, function of active judge, the difference between active judge and American judicial activism, the relative theory of the judgment act of judges, and the relation between active judge and the judgment act of judges. The purpose of this part is to lay a theoretical foundation for the discussion of active judgment act of judges in China. The second part devotes to the discusses of the development of two major law system, especially the change of discretionary power of judges. By learning the historical reason of the formation of modern western judges rules, we try to rich and develop Chinese judges rules especially to settle the problem of the application of law in complex cases. The third part mainly discusses the status of the judge behavior, and explores the reasons for the formation of the current modes and provides a basis for the improvement of judge rules. The fourth part is the focus of this thesis. It mainly discusses the design of judges act system and how should judges play an active role and in what cases should they play the role from two aspects: relativity and limitation, based on which this part further account how should judges determine facts and apply law.