The Research On Active Judicature Based On Marxist Doctrines About The Rule Of Law

At present, China is in the rapid social transition, the problems of socialcontradictions, frequency of social disputes. As a response of the social reality, we putforward active judicature.This article is based on the Marxist concept of the rule of law for theoreticalguidance, put the active judicature of our country in the age of social transformation tostudy. From both theoretical and practical point of view, research theoretical basis andpractical basis of China’s active judicial. According to the Marxist concept of the ruleof law, social justice, initiative, and the people determine the dynamic theory of justicerationality. By law, this rule of law concept of harmonious concept of rule of law,people’s livelihood and the rule of law concept of socialism with Chinesecharacteristics rule of law concept as a dynamic of Justice to provide a more directtheoretical basis. From a practical perspective, the social transformation of socialreality determines the dynamic of Justice, specific performance: the furtherdevelopment of the socialist market economy requires active judicial; the lag of thepolitical transition to active judicial assume a certain degree of political and socialfunctions; a socialist harmonious society dynamic administration of justice;globalization and the information of the active judicial practice; disorder socialtransformation dynamic of Justice play order to protect the role; China’s socialtransformation determines the specificity of active judicial practice. In the same time,active judicial reacts to social transformation. Finally, the author summarizes,according to the new social reality according to the Marxist concept of rule of law andsocial transformation in China under the dynamic justice ought to state performanceand dynamic understanding and interpretation of the law; active judicial power of thepeople should also be by means of play an indirect function of law-making ; dynamicof Justice should assume corresponding social functions and to compensate for thedeficiencies of China’s political transition. , And adhere to the limited dynamic road ofjustice under the rule of law is not perfect. Judicial nature and the basic law, judicial independence, the basic procedural justice is the limited dynamic of Justice shouldadhere to the premise. Limited dynamic path of justice is to adhere to the legal effectunder the premise of the social effects and political effects, insist on the application inthe limited social relationships and areas of dynamic justice, the people to express theiropinions in the judicial process to establish the mechanism to establish communicationbetween the judiciary and the legislature mechanisms to strengthen the mediation ofthe Legislation.