| As a kind of judicial philosophy, American Judicial Activism is guiding the judicial practice in the United States, its production has its own theoretical basis and social background. However Activism Judiciary of China is set in the global financial crisis, with distinct Chinese characteristics. It is our country's judicial circle in the rule of law in the process of the transformation that comes up with it and it was independently and uniformly carried out as the judicial ideas and related practice.Its core meaning is that Jurisdiction makes actively,positively and fully use of all legal resources in order to pursuit the unity of legal,social,economic and political effects by various possible judicial ways, maximizing the effectiveness of the judiciary.The main idea of thought of this passage is that,in comparison,explore related issues of Activism Judiciary in China in the perspective of American Judicial Activism and then recognize the differences between Activism Judiciary in China and American Judicial Activism.They are two different concepts and things, looking similar in appearance but different in nature. And thus realize that the production of Activism Judiciary has its own theoretical basis and social background, as a judicial practice with Chinese characteristics.Introduce related theories of American Judicial Activism. Interpret the American Judicial Activism from different aspects,such as its historical development,concepts and characteristics,theoretical basis and main ideas and so on,then in order to lead the topic Activism Judiciary in China. It essentially was limited in the legal framework,following the basic law of justice.Realize that Activism Judiciary is just a judicial practice and a part of the rule of law and reform,with Chinese characteristics by analysis of the background and value analysis of Activism Judiciary.combined with the problems that existing in the judicial practice in our country, gives the corresponding perfect way. |
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