Research On The Value Of Initiative Justice

In the field of justice,philosophy of law between judicial activism and judicial restraint of the long-standing,freedom and justice of judicial activism focusing on protection of the value of law,and judicial restraint stressed to achieve stability and authority of the law.Although stability and universal applicability are the advantages of written legal norms,it also leads to limitations of case justice.Judge in order to achieve case justice,there must be active justice.However,there are still many problems in our judicial activism,which need to be sorted out and perfected by scientific research.This article mainly from the emergence and development of judicial activism,introduces the meaning of judicial activism,in the development of the West and Enlightenment to Chinese,then through relevant case analysis,which exist in our country's judicial activism in question.Then in the analysis of the issue of dynamic justice,respectively,from positivism,realism and sociology of law to demonstrate the legal value of three active judicial.After the use of relevant cases from the limitations of the law to overcome,difficult cases of the settlement,the call for substantive justice three aspects to demonstrate the contemporary value of dynamic justice.Of course,active justice is conducive to the realization of substantive justice,but excessive indulgence of judicial activism will result in judicial corruption,will also result in the consequences of the statute code was elevated.Based on this,should carry on the legitimate regulation to the active judicature.In regulation,it is necessary to give full play to the effectiveness of the role of judicial activism and grasp the nature of the value of judicial activism,and effectively achieve the organic combination of the two.To this end,should be the focus of regulation from the following aspects: the source of the limitation of the regulation,the rules of interpretation of regulations,trial procedure regulation,from three of the judges of judicial activism and relief of arbitrary dynamic regulation,which is conducive to judicial activism in the reasonable application of our country.