To Explore China's Activist Connotation

In August2009, the Supreme People’s court, Dean Comrade Wang Shengjun of secretary of leading Party group of the people’s court put forward the concept of judicial activism on how should to better serve the overall situation of economic society development, and better development of judicial function in the province of Jiangsu for research, in order to response to the present transformational change situation complex and changeful society positive.Thereafter, the courts take judicial activism as judicial practice guidance, and actively explore the implementation form of judicial activism. In a sense,it is helpful to dissolve social contradiction dispute, safeguard the rights and interests of the people, safeguard social fairness and justice, health of stimulative economy society development. At the same time, legal theory researchers have begun to pay attention to the guidance, positive development practice on typical of the Supreme People’s Court on judicial activism, thinking and comparison of the relevance, judicial activism in the context of Chinese and western judicial activism.The research has gotten practical and significant achievements.At present, without fully understanding the connotation of judicial activism in case,have the judicial practice circle begun to act according to the local actual situation and explored the modes to realize judicial activism.As is known to all, there are Jiangyan mode, Longxian mode, Dongying mode and He’nan mode.the research of legal theory primarily pay attention to the implementation of judicial activism,the condition and path to realize, the matters needing attention, the comparison with the western judicial activism,relations with judicial restraint and so on. Some scholars on judicial activism to hold positive attitudes; some scholars strongly opposed; also has a moderate attitudes.There are such a variety of different attitudes on judicial activism, to a certain extent because of insufficient and different understanding of the connotation of judicial activism in itself.The existing research results are less in-depth about the exploration of judicial activism in China based on the national conditions and the certain background.Therefore, making sure the connotation of the judicial activism, is not only useful to unify and standardize understanding and judicial practice of of judicial activism,, but also useful to further in-depth study of the judicial activism.So, this paper is mainly divided into four parts. The first part is the first chapter. This is a major part to define the range of the related concepts about judicial activism. First of all, the paper reviews the history of concept of justice", it makes sure that the judicial body of judicial activism is the people’s court; secondly, to define the concept of active"; finally, on" justice" and "active" word combinations, namely:the paper discusses " Judicial Activism" and" Active Judice" in a way of semantic analysis.The second part is the second chapter.First, This part analyzes the relationship between judicial activism and judicial review, make sure that the core of judicial activism is the relations between judicial review and the Federal Constitution; on this basis, taking judicial review as the clue,the paper discusses the United States the production and development process of judicial activism in a historical way; secondly, it is about the analysis of the history of judicial activism in United States; the last, it is about the of enlightenment of judicial activism in United States.The third part is the third chapter and the fourth chapter. at a different angle,the paper analyses the five aspects of China’s complex judicial environment,that is the basic national conditions, financial crisis, transition period, legal status, legal status; it concludes social judicial expectation from complex judicial environment; according to the current laws in force, we could acquire people’s the power and status of Court of China in the national sector. Secondly, according to the Chinese judicial environment, to clarify the legal theory and judicial practice of judicial activism in two different views, and make clear that the connotation of judicial activism in China has two meanings, that is as a judicial policy of judicial activism and as a judicial philosophy of judicial activism; finally, the paper discuss what are the Chinese judicial activism as judicial policy and judicial philosophy in China practice.The fourth part is the fifth chapter.It is the conclusion part of the paper. As a summary of the full text, and there is a renewed emphasis on meaning of definite connotation of judicial activism.It looks forward to finding the rihgt path of the judicial reform by the way that connotation of judicial activism are more and more definite.