The Margin Of Judicial Activision In The Proceeding Of Administrative Litigation

With the emergence of the cultural background of China ’s socio-political economicdevelopment and change, as well as some new administrative disputes, theadministrative judicial system in our country has obviously not timely respond to thenew needs of the society in transition.In dynamic general trend of Justice as a policyguideline used in judicial practice, courts at all levels are also exploring thepossibility and feasibility of judicial activism in the administrative proceedings, canalso be regarded as practitioners to explore new administrative judicial system’breakthrough.But because of itself as a political slogan to promote active judicialheight is still in the early stages of exploration practice, and its political far greaterthan its legality, the general lack of a rational system bound the active practice ofJudicial Conduct. In this paper, starting from an empirical point of view, based onthe the active judicial practice in the administrative proceedings in Chongqing, try toexplore the the active judicial acts marginal administrative proceedings.This paper isdivided into five parts. The first part described China ’s administrative litigationsystem with active judicial meeting point, this section is divided into two small partof the first section discusses the dynamic connotation of justice in the Context ofChina;the second small part discusses our administrative litigation dynamic justicedemand.The second part of the article attempts to demonstrate the value of activejudicial administrative proceedings goal pursuit, this section is divided into two smallparts, the first small part of the argument dynamic value of judicial pursuit of thesame goals, and depends on the background of the times and the pursuit of politicallysignificant value targets;the second small part based on the personality of theadministrative proceedings, demonstrated active judicial administrative proceedingspursuit of special value targets.Part III and Part IV is the focus of this article. Thethird part mainly trying to the active judicial practice in the administrativeproceedings in Chongqing divided into a specific type of practice, try divided intofour main types of practice, and each of the main manifestations of the type ofpractice and reality briefly analyzed and discussed.Fourth part mainly based on the earlier part of the argument, to explore the boundary of the theory of judicial activismin the administrative proceedings, the part is the core of the article, and divided intothree sections;The first small part discusses the theoretical circles as well as thepractical choice of two attitudes of judicial activism or restraint; second sectiondiscusses judicial activism behavior can not go against the bottom line, includingdynamic constraints of judicial value targets the judicial powers boundary constraintsas well as policy constraints required;The third section briefly discusses other factorsthat affect the behavior of the boundary of the courts and judges judicial activism,including judge’s professional and professionalism, social ethics and the value of theevaluation criteria and administrative proceedings facing the objective conditions ofthe three factors.The fifth part of the article is mainly based on the earlier analysis ofthe theory and practice,discussed several representative dynamic marginal judicialbehavior in trial practice briefly, including the limits of judicial interpretation in thejudiciary, administrative litigation mediation reconciliation limits and the limits ofadministrative proceedings.