Activism Judicial In The Context Of China And Its Limits

Today China is in a society of transition, social changes as well as the impact of theglobal financial crisis, so that the interests of the social subjects increased differentiation,social relations are increasingly complex, resulting in social conflicts exacerbated by thesurge, which is not conducive to the stability and development. Under this background, itis urgent to change the concept of justice in order to adapt to the social development. InAugust2009, the president of the Supreme People’s Court, Wang ShengJun clearly putforward the idea of "Active Judicial, serve the overall interests". Active Judicial proposingnot only provides effective judicial protection for economic, but also balances the interestsof all sectors of society to and maintain social harmony. As an idea or a mode of judicial,Active Judicial have a range of issues, such as not be defined clearly and the boundary isnot clear. This Article based on the definition of Active Judicial, proposed regulatory limitsand system of our Activism Judicial under the analyzing of the legitimacy of ActiveJudicial, positioning as well as practical problems.The article consists of four parts.The first part is the analysis of Active Judicial. Starting from the background ofActive Justice in China and analyze the connotation of the Active Justice, defining thecontent and characteristics. After defining the content and features of Active Judicial andcompared with the U.S. Judicial Activism to find the differences between them.The second part is the legitimacy of Active Judicial. Analyzing from the theoreticalbasis and practical needs of Active Judicial.The third part is practical analysis of Active Judicial. By summarizing the judicialpractice of typical model in China, analyze its positive effect and negative consequences.The fouth part is the limits and system. First is necessity of Active Judicial, and then isits limit, including legal boundaries, responsibilities boundaries and behavior boundaries.Last is the proposal of system.