Research On Judicial Activism From The Perspective Of Comparative Law

In addition to the introduction and conclusion, the full text is divided into five chapters, in general it can be divided into two big ways, First, through the elaboration of the Western Judicial Activism, and our current implementation of active judicial compared, trying to showing active judicial rise of the reason more complete background of the development of unique meaning in the Chinese system. Second, the foregoing comparison of judicial activism and dynamic judicial reveal China’s judicial reform to the introduction of dynamic justice conforms to the trend of social development, and analyzes the dynamic administration of justice in our country a real danger, as well as its positive performance, at the same time, this article targeted path to select the active administration of justice in our countryThe first chapter, Western Judicial Activism and China’s dynamic concept of justice. This chapter first introduces the background of the Western Judicial Activism and the scholars and experts of its connotation of elaboration, and then to analyze the dynamic concept of justice in China, mainly from the academic, political and philosophical level up are discussed. Different in Western discourse, a comparative law perspective to sum up the dynamic judicial unique content and featuresThe second chapter, Western judicial activism practiced by the Chinese active judicial practical reasons. The rise of judicial activism in the West is mainly due to the limitations of the laws of their own property, the judicial and political integration, as well as deepening the understanding of the traditional theory, these reasons important revelation of China’s active judicial role, the country can not simply reference to the Western the judicial system should be dialectical view of the West judicial activism, and take a suitable dynamic road of China’ national conditionsThe third chapter, active judicial advantage. Supreme Court advocate active judicial philosophy, adhere to the passive road of justice because the dynamic of Justice to help strengthen the social functions of the Court; dynamic enthusiasm of justice to help improve the efficiency of litigation, and reduce litigation costs; active judicial emphasis on the role of judges, contribute to the legal and social fairness and justice. The fourth chapter, the risks faced by the initiative of Justice. Everything has two sides, the dynamic administration of justice is no exception, inappropriate use of judicial, will reduce the authority of the judiciary; the quality of the judicial team to a certain extent, restricted the effectiveness of dynamic justice; too much emphasis on mediation, also easily lead to the deviation of the trial mode. may be contrary to the original intention of the dynamic of Justice; people adhere to the traditional concept of the rule of law to a certain extent affect the dynamic for the purposes of justiceThe fifth chapter, improve the judicial path of China’s dynamic choice. This section mainly from the regime of active judicial advocate the establishment of a multi-dispute settlement mechanism, the rescue mechanism of judicial protection, judicial and democratic innovation mechanism, judicial supervision and guidance mechanisms and public policy transformation mechanism from this in five areas to protect the active judicial smooth implementationIn this paper, through literature, comparative method to analyze the dynamic of Justice, in the analysis process, from the scholarly political orientation, philosophical point of view, a comprehensive exposition of the difference of the Western Judicial Activism and dynamic justice through judicial activism to bring China’s revelation, in theory, active judicial systematic exposition, I hope to help and learn from active judicial practice...