The Theory And Practice Of Active Justice In China

The shape of active Judiciary in China is similar to judicial activism in the west. But they both exist significant differences on the context of semantic, judicial philosophy foundation and historical tradition. Its dynamic performance and the goal are also different. Thus active Judiciary of China and judicial activism in the west is completely different. Active Judiciary of china emphasizes that justice should actively undertake social management functions, work for the big picture and serve the people, and the ultimate goal is to complete the unity of legal effect, political effect and social effect. Its manifestation in the actual includes active research, put forward a judicial proposal to participate in social management, strengthen the function of mediation and so on. Relationship between active Judiciary of China and policy goal is very close, active Judiciary of China emphasizes the social management function of the judicial and is with strong policy goal color. So the Judiciary and policy goal should keep the proper distance. Judiciary should serve political reasonably, and Policy goal should also respect the judicial. In the relationship between Judiciary and the rule of law, active Judiciary break the rule of law, desalinate the rules consciousness, violates the judicial passivity, weaken the protection of civil rights, all of these are not conducive to the development of the rule of law in our country. In the relationship between Judiciary and justice, active Judiciary emphasis on the pursuit of essential justice too much, ignoring the procedural justice. So In the early stages of China’s rule of law, the Judiciary should restrain, and active moderately.