On Active Judicial Limits

Active judiciary can be described as that follows the historical trend of Chinese traditional judicial ideas and adjusts and innovates the traditional judicial philosophy. In this process, the fundamental values and ideas of the traditional judicial maybe be impacted and challenged. This requires active judiciary maintain a certain limitation, within the boundary of reasonable, and operation well, to prevent jurisdiction broken and abuse aside, which requires active judiciary must be uphold the party's leadership, uphold the basic values of the traditional judicial, establish judicial authority, with its own characteristics and be basic with the national conditions, to guide the judicial practice, the reasonable construction of the judicial system. Furthermore, in order to make the active judiciary run well in the judicial practice, we must deeply understand the legal basis, so that we must grasp the origin of the active judiciary, firmly grasp the nature and essence of the active judiciary. That is the only way to better understanding of our concept of judiciary; from active judiciary we can understand the role of a strategically advantageous position deeply.In summary, this paper aims to reveal the inner essence of active judiciary, to explore its reasonable boundaries. In order to better explore this problem, this paper is divided into three parts:The first part introduces the general theory of active judiciary; we explore active judiciary's connotation, basic characteristics and essential attribute, such as a basic overview, for active discussion of active judiciary, and provide a theoretical legal basis and border soil. In this section, the famous jurist cited the administration of justice related to the dynamic, and combined with the American meaning of judicial activism, the active judiciary in China does in-depth discussion of the issue. This deeper understanding of our active judiciary played a very important role. In the second part, we discussed the main characteristics of active judiciary, and from the operation of law to start explore the legal basis of judicial interpretation. This can be a little creative this article, Through the judicial power of the characteristics and rules of its operation, we will find that not only does not overturn the fundamental values of the traditional judicial philosophy, but also to meet and deepen the traditional judicial concept of value orientation, and broaden and deepen the study of judicial power. Through in-depth exploration of active judiciary to guide our judicial practice. The third part is the limit for active judiciary, first discusses the need of the active judicial limits, and then from the "discipline" and "self-limited" two-pronged approach to explore the boundaries of active judicial, through the analysis of the system and the related foreign research and basic conditions of justice in our country at this stage to find a reasonable boundary to regulate the dynamic administration of active judicial, in order to prevent the judicial power of good at breaking and abuse. So that, active judicial concept can be better serviced for the socialist legal system.