The Connotation And Practice Of The Active Judiciary In The Context Of Our Country

Active judiciary have significant meaningful for the construction of rule of law in the period of China, which is a kind of selection of the C hinese judicial organs who made in sea rch of independent road of judicial. Active judiciary emphasizes "justice for people, serving the public " and emphasizes people’s court to participate in the specific judicial activities with active attitude. Active judiciary is a kind of judicial policy or judicial way. Active judiciary have great different with America’s judicial activism in concept, mode, content, and so on. But we can’t deny the similarity in both completely. In the present research and exploration of our law community, there are vario us interpretations to connotation of active judiciary, and there are different views and opinions such as limits of active position in active judiciary, and so on. In judicial practice, the practice of active judiciary is still in the initial exploratory stage, due to the lack of unified guidance, active judiciary appeared excessive activism and blind move problems in practice. In order to promote the implementation of active judiciary in right way, first of all, we should be clear boundaries of active judiciary in the aspect of legal and authority, and we should adhere to work in the range of prescribed law,through reasonable standardizing work limits and accurate positioning work orientation to build the science dynamic system. Secondly, through perfecting the operation system from the longitudinal and lateral aspects,and perfecting the guarantee mechanism of active judiciary to promote the development of rationalization and standardization of active judiciary in our country.