On Active Judicature

In August2009,Wang Shengjun,the president of the the supreme people’s court proposed that active judicature is the innovate of the way people’s court work.Judicature practice and academic positively response.But,what is the connotation of the active judicature? What is the attribute of the active judicature? This problems are still not solved.In order to resolve this questions.This Paper attempts to define the connotation,the risk of judicature operation and put forward to the realization of active judicature path.In order to lead to the subject matter,the introduction introduces the background of this policy and a series of practice.The first part of the article based on the analysis of the development process of the t. After analyzes the main ideas of the scholars,the authors give her views. Active judicature is a judicature policy.In the process of judicature operation,judicature organs take the various ways to make court decisions which can meet the most people expected.The second part of the article analysis attributes of the policy. As a judicature policy was put forward, Active judicature has strong political characteristics, but is not limited to political function.As a mode innovation of judicature operation, it should follow the essential rule of judicature power operation.It also requires judicature authorities and judges meet people’s demand, pay great attention to the convenience and benefit factors, to promote social harmony progress.In the third part of this paper, the author analyzed all kinds of risk this policy may produced.Including:the risk of reduce the judicature independence and neutrality; moral risk; And the risk of destruction of the consciousness of social rules. Active judicature may also reduce the efficiency of litigation service.In the final section of the article. The author presents her suggestions.the author from four aspects to explore how to establish and perfect the active judicature operation mechanism.Including multiple disputes settlement mechanism, judicature proposal mechanism,legal technology mechanism and Convenience litigation mechanism.