China’s Active Judicial Law Thinking

In recent years, more and more legal practice of judicial activism by scholars, but also become the theoretical circles of the hot one. Judicial activism requires not only the judges in the judicial judgment in adhering to certain legal value, creative application of law, the rational for the case of issues of fact and law to make judgments, but also asked the court to afford" to serve the whole situation, justice for the people" political function. In this paper, based on the research on how to guarantee the independence of the judiciary, safe premise, the judiciary, to actively make up the legal defects, improve judicial efficiency and realize judicial fairness, establish actively, and the concept of justice for the people. This article includes introduction, is divided into five parts, the first part is to define the connotation of the judicial activism judicial activism, from the concept, purpose, function point of view, will be China’s judicial activism and the western judicial activism of distinction, to illuminate our country judicial activism as a socialist judicial idea has characteristics of. The second part of the concept of judicial activism in the history and theory basis of the research, mainly including the continental law system and Anglo-American judicial activism development course, and to the United States judicial activism as an example, analyzes the judicial activism in certain social condition of legitimacy. The third part of China’s judicial activism can be realized the possibility to analyse, this part is mainly to introduce the judicial activism in our country by the implementation of the system needed, system conditions, as well as in the legal system of our country active judiciary system design. The fourth part of the implementation of the system of judicial activism in the idea, mainly exploring the from file, trial, and execution of judicial activism to implement. The innovation of this paper lies in, in a comparative analysis of British and American law system and our country judicial activism judicial activism in the commonness and individuality on the basis of judicial activism in China, to explore the legal system under the conditions of judicial system in China, and from the angle of system and judicial activism on the significance of the realization of.