On The Advantages And Disadvantages Of Judicial Activism Of China Court

The global financial crisis spread to China in2008, the economic developmentof China suffered for many years had not been encountered difficulties and trials,contradictions and disputes arising from the clearly reflected in the administration ofjustice, judicial challenges never before encountered by the people’s court.Despite thedifficult economic situation, the national courts at all levels, the Supreme Courtaccording to the central dynamic of Justice,"the major decisions and plans, andstrengthen the sense of responsibility of serving the overall situation in accordancewith the law, adhere to the dynamic of justice, full extension of the trial functions, inorder to minimize the macroeconomic environmentchange the negative impact ofeconomic and social development. Therefore, the dynamic of the judiciary or judicialactivism become a hot topic of discussion in recent years, China’s judicial practiceand theoretical circles. Currently on active judicial evaluation controversial,especially the somewhat different view of the executive in judicial practice and legaltheory, consider the point of view is also somewhat different.Judicial Activism is a product of the development of the modern judicial system,originated in the United States, originated from the U.S. judicial activism and thedevelopment of start to explore the development and evolution of judicialactivism.Judicial Activism in the United States is the main expression of judicialreview, judicial power to balance the legislative and executive powers, the politicalsystem of separation of powers by the United States the legal aspect ofperformance.Which determines the essential difference between the dynamicadministration of justice and Western justice activism, China’s political systemdetermines the dynamic of Justice must be for national stability and the interests ofthe people, the starting point and goal of active justice the judiciary, especially thepeoplethe court of how to serve the overall interests of Justice for the people.Active judicial since been ported to China began, it has a strong Chinese characteristics.Thedynamic of Justice is an extraordinary period of Chinese judicial daring to exploreand try, China began to try to learn from Western experience to explore their ownlocal justice model is a combination of their actual attempt to build a judicial systemwith Chinese characteristics.Dynamic administration of justice requires the judiciaryto safeguard social stability, services, economic development, and actively participatein social management innovation, and around the center of the party and state to thecommencement of the judicial activities, which fully reflects the political nature ofthe dynamic Company Law."There is reasonable dynamic administration of justice isnot a river without water, without trees, it has a solid foundation in the generation anddevelopment of China, the enormous pressure of the judiciary internal and externaleconomic factors of the social environment, leading to this majorjudicial reform.Thenational courts at all levels set off a craze of an active judicial, the Supreme Courtexplained escort for the economic and social development through a series of timesjudicial, courts at all levels take the initiative to send France home, popularizing andpropagating forward a judicial proposal for economic development to providejudicialto protect vigorously the implementation of large mediation, throughinnovation and a variety of mediation in resolving social disputes, strengthening thejudicial democracy and the public to improve judicial transparency, and these are thepeople’s court passive justice practices.But exactly how the effect, but also a need forobjective analysis and evaluation of the facts.Active judicial effect of the social andpolitical effects are obvious, a variety of judicial interpretation promulgated in atimely manner to make up for the lack of legislation to ease the contradiction of thelaw lags behind in social development, In addition, due to the enthusiasm of thepeople’s court as the qualitative effect of the judicialsignificantly improved, troubledby the Court of headaches can be effectively resolved by listening to public opinion,to meet the legal needs of the masses, judicial credibility has also been improved.Butit can not be blindly optimistic, active judiciary is a double-edged sword, if the use isnot good, it will be counterproductive.China’s legal environment is not ideal, thequality of judges to be improved, excessive use of judicial means led to the risk ofactive justice, the court is overwhelmed by the huge amount of work, the lack of a system of rules led to the breeding of judicial corruption, extrajudicial innovationignoredthe value of procedural justice.If you want to keep the benign operation of thedynamic administration of justice, must be regulated, the system can not go againstthe laws governing the operation of justice, to maintain an appropriate legalrationality.The dynamic of Justice is a daunting task, a long way to go, only in theexploration and practice, continuous improvement along with the times, fullyembodies the spirit of the law and values, in order to become even better, go farther.The innovation of this paper is the advantages and disadvantages of activejudicial comprehensive, systematic and comprehensive presentation and analysis, thecombination of the actual situation of the work of the Court and dynamic reality ofjustice effect, based on the Chinese judicial practice, advocating a rationalof activejudicial, scientific, China’s judicial reform in order to provide new ideas. This paperobjective exposition and analysis of the pros and cons of active judicial modestcontribution to this research work of our justice system.