Rational Thinking On Jurisdiction’s "Dynamic" Move In China

Affected by the global financial crisis in2008, our country economy suffered anunprecedented impact in many aspects, in the judicial work of court cognizancequantity to rise sharply, especially the rapid growth of economy, enterprises case. Inresponse to the judicial work in the new period faces new situation and new tasks, in2009The president of the Supreme People’s court Wang Shengjun put forward theconcept of " Active Judiciary". However,since the concept of “active judiciary” wasstrongly advocated, there is constantly controversy over this in academic andprofessional. Some scholars believe that Active Judiciary is the chinization of JudicialActivism,it can help to mediate the growing social conflicts and resolve the socialdisputes;also some scholars believe that Active Judiciary does not have thelegitimacy,it completely depart from the tradition of judicial restraint and easily leadto the absence,offside and dislocation of court functions.I think that,china is in acritical period of social transition,it is necessary to change judicial philosophy of aperiod with the development and process of society and combined with Chinesespecific national conditions. On the contrary, this is a manifestation of Chinesejudicial development.Active judiciary can be described as that follows he historicaltrend of Chinese tradition judicial ideas and adjusts and innovates the traditionaljudicial philosophy.In Active Judiciary practice, we found that the Active Judiciary most directly onthe display the desire for social justice at the grass-roots level, reveals the deficiencyof existing judicial structure, put forward the real judicial issue: Excessive abuse ofmediation, the judge lack of restriction to exercise discretion, not achieve legalprocedural justice and so on. Therefore, it has become a top priority to ensure theActive Judiciary to realize its maximum effectiveness, by rationally regulating theActive Judiciary, determining the limitation of the Active Judiciary and establishingrelated mechanism for the Active Judiciary.This thesis based on the basic theory of activist, analyzing the problem of ActiveJudiciary in practice in our country, and to explore the inner source of problems, onthe basis of rational regulation activist, make its better application in judicial practice,and enhance the judicial credibility and judicial authority, and ultimately achievealleviate social contradictions, maintain social harmony.In the first part, expound the concept definition of Chinese Active Judiciary. First of all, discusses the moveforward, concept and basic features of Active Judiciary. Then through theunderstanding of the concept of Active Judiciary, reflect its importance, the strongbasis and the most pressing needs for the development of Chinese Active Judiciary. Italso clarifies the position hotly debated issues in the theoretical circle.The second part,analyze of current development status of Chinese Active Judiciary.Focusing on theanalysis of Active Judiciary in practice operation. Based on the investigation to thesample with summary, learn to move the judicial mechanism in practice, as well as thepolicy in the judicial practice operation in the process of many problems violate therule of law concept. In the process of analysis, pay attention to the overall advantagesand disadvantages of two aspects, make the discovery process is rigorous and detailedof the problem.The third part, the paper puts forward the author’s activist in China tothink rationally. Rational and vigorous suggestions of national Active Judiciary workhave been raised by logical and objective argument, in combination with the practicalsituation of court work and running effect of activist. Based on this, it can provide aaccurate and feasible implementing scheme of our country Active Judiciary"dynamic".