Study On The Relationship Between Judicial Activism Of Court And Judicial Identity

With the concept of western judicial activism and judicial restraint, China’s activist has their own unique and rich connotation。 And the rich connotation as a claim to the court, in the form of various specific policies and systems have been proposed.To a certain extent, our country judicial response to the our country public distrust in the context of social reality of justice and judicial identification is not high.Although has obtained certain result, but the fact is that after so many years of practice, people in our country is identity has not been good for justice.This among them, the court carries great responsibility and pressure as the focal point.Judicial identification is actually social identity under the particular field, a sense of universality, also has its unique characteristics.The status of judicial identification is not high and the main can be from two aspects of subjective and objective behavior are summarized.Subjectively. due to many factors,Our people for the understanding of the judicial and preset produced certain deviation;Objectively, the operation of the extreme mechanism on the one hand is the embodiment of the judicial identification is not high, on the other hand, in turn, the negative influences of judicial identification,form a vicious circle.Constantly changing social development, China is faced with the disintegration of the traditional order and the establishment of the new order.Under this big background, combining the theory of Chinese traditional factors and foreign agreed to the two different point of view.The author explore the impact on the judicial identification plays a fundamental factors,The basic reason of judicial identification is the emotional satisfaction and value recognition.Understand what is the purpose, as full of inclusive move whether justice can be used as a suitable means to pursue judicial identification,Here is a need to pass into the problem.From the value sense, the active justice can be adjusted, through the set of values rooted, carries on the balance between good value;Will tell from the emotional satisfaction, move the justice can maximize both good advantage of the unique Chinese traditional legal order maintenance and the content of the two aspects.Finally,combined with sociology, economics, psychology and other interdisciplinary knowledge and strategy,The author thinks that by activist tool value put forward concrete into the road,Such as change the way of expression and occur, the cultivation of the habit and opportunity cost considerations, and thinking about the meaning of respect and power.In this paper, based on the practice, the use of data and case to reflect the objective situation and the problem.