The Research Of Judicial Activism

Recent years, the court system of China had proposed the concept of activejudiciary, and it has been actively promoted and implemented in actual practice.Launching active judiciary extensively also caused a lot concern in academia. Of course,the implement of active judiciary caused widely controversy in academia and practicalcircle just like a lot of systems and policies in other areas. It should be said that theoccurrence of active judiciary has deep social reason. At the same time whether andhow the active judiciary develops also has profound influence back to the court systemand whole society. This thesis tries to explain the active judiciary in the governancestructure of the State in the perspective of social control function of the court, jumpingout of the matter-of-fact stereotype,and point out the advantage and disadvantage odactive judiciary in practice, and then give corresponding suggestions. The thesis isdivided into the following five parts:The first chapter is the introduction, which firstly fut forward the research topic,then give the literature review on the topic of social governance and the dynamic theoryof justice research conducted and evaluation of a general sort, and finally confess theresearch methods and wording ideas of this thesis.The second chapter studies the governing function of Court in modern society, andanalyzes the basic meaning of social governance and the new needs of socialgovernance in the social transition stage, and thereafter, this chapter elaborates theparticular social governance function of the court in modern society, namely function ofsolving dissensions, function of forming rules, function of restricting authority,andfunction of controlling society.The third chapter interprets the active judiciary in the view of social controlling,defines the specific meaning of active judiciary, analyzes the reason of the occurrence ofactive judiciary, and finally points out the acting strategy that the active judiciary hastaken in order to fulfill the governance function of court effectively.The fourth chapter reviews the pros and cons of active judiciary, investigates theactual role and influence which active judiciary has played in promoting socialgovernance function of the courtsThe fifth chapter presents recommendations to improve active judiciary, explainsthe judicial environment of the court, sets a few basic principles for the active judiciary, and gives specific suggestions to perfect active judiciary from three aspects on thisbasis.