A Comparative Study On The Forming Functions Of Public Policy In Judicial Adjudication Between China And The United States

From the beginning of judicial entry into the social and political management system,the courts that exercise judicial power have always played the basic function of controversy.Until modern times,the court began to gradually gain an independent status,and the basic functions of controversy can no longer satisfy the needs of the court.Therefore,in order to follow the development of the society,the judge has gained more and more judicial discretion,and the function of the court has begun to slowly extend.With the transformation and transformation of society,modern lawsuits have begun to appear in various countries in the world.In the face of the impact of modern lawsuits on traditional lawsuits,the courts of some countries have upheld the concept of judicial activism and extended the court's other functions--Public policy functions.This function is based on modern lawsuits and based on the theory of judicial activism,it has gradually become a fixed function of modern courts.In view of this social status quo,all countries must attach importance to the court's judicial adjudication,another function-the function of public policy formation.Based on the current status quo considerations,this article will analyze and discuss the function of public policy formation around judicial decisions.The first part elaborates on the reasons that led to the extension of judicial judgments to the formation of public policies,including practical factors and theoretical principles.The second and third parts mainly deal with cases in which fetuses have been infringed in China and the United States.A comparative analysis of the effects of judicial decisions made by Chinese courts and US courts in dealing with modern lawsuits on the formation of public policies under different judicial systems;the final part is an in-depth study of the insufficiency of the function of judicial decisions in our courts.Reasons,and made some suggestions for related issues.