Research On Active Justice Under The Background Of Socialism Rule Of Law In Contemporary China

The unique political operating mechanism and development rule of law in China integrated with the social administration tradition, supplying the soil for active justice. The active justice of China courts contributed a lot in economic and social development and social stabilization. Influenced by the western style judicial activism, the research of active justice by Chinese scholars concerned on the method of trial was active of restrained, while this is unconformity with the practice of active justice in China. Nowadays active justice in the context of socialism rule by law does not include the flexibility of the method of trial and the application of law, but also the extension of the courts’functions, which basically behave in the service for suit, judicial assistance, crime prevention, community rectification, legal publicity such aspects. Active justice is a product in the construction process of the socialism rule of law, corresponding to the responsive justice and the service justice, reflecting the judicial demand of the public. The reasonable development of active justice does not affect and hinder the process of the socialism rule of law, but promotes the realization of judicial independence, judicial professionalization, judicial efficiency, social order stabilization, constitutionalism in some extent.During the operation process of active justice, it must obey some basic principles of legal trial and excessive activism, trial of misuse law, merely emphasizing stabilization of social order, undue mediation should be guarded. The courts should exercise their powers according to law, ensure the judicial independence and promote the judge professionalization. Active justice should adjust timely according to the social development demand, only in this way active justice can exerts its function and effect fully and push forward the construction process of the socialism rule of law.Active justice is the result of a combination of law governing idea and Chinese national condition. The analysis of active justice indicates that not only the construction of explicit order, but also the regulation of implicit order should be concerned during the construction process of the rule of law. Only in this way the deviation of the reality from ideal and the divorce of the theory from practice can be prevented, the building of socialist country under the rule of law can be completed.