Social Management Perspective Of Judicial Activism

In new period, our country to the people’s court to optimize and enhance socialmanagement than ever, attention, and judicial activism is in our country for thejudicial management situation and put forward a kind of judicial management concept,therefore, will be applied to the concept of judicial activism in social management,social management mode innovation, on the improvement of China’s socialdevelopment contradiction, improve China’s judicial and social efficiency ofmanagement has a very important significance. However, according to our countryactive judicial intervention in social management practice, as well as the context ofChina’s rule of law of China and foreign countries is visible, the judicial activism ingap, which have caused us to a series of reflection: judicial activism should intervenein social management? Social management is necessary to make the right? In theabsence of request of whether the court should not participate in social management?How to control the reasonable tension within the judicial activism? To make a longstory short, how in the world under the context of law, build suit our country in thecontext of special form of judicial activism in China, is the current focus of attention.Based on the study of the use of social analysis, normative interpretation methodand comparative analysis method, from the perspective of social management,research on China’s judicial activism, research is divided into the following parts: thefirst part, introduction. The second part, question origin and theoretical hypothesis.Points out that the judicial activism and social management theory; judicial activismin the social management the necessity, ways and means, show that this researchquestion, meaning and method. The third part is foreign typical country socialmanagement system of judicial activism in the function and position of comparativeanalysis. References to Germany and France two main representative of continentallaw system, points out that the social administration and judicial activism, practice ofjudicial activism, participating in social management mechanisms and initiatives;references to Britain and the United States two main representative of continental lawsystem, points out that the social administration and judicial activism, practice ofjudicial activism, participating in social management mechanism and measures. Thefourth part is our social management under the background of judicial activism in the running status and reflection. It points out that the social management in the period ofsocial transformation of the operating mechanism, present situation, and the status quofor reflection. The fifth part is China’s social management system functionrepositioning of judicial activism. Judges is to participate in the social management ofthe new role; the court into social management function;" to the community as the "through the concept of social management’s new thinking. The sixth part is theconclusion and prospect.