analysis between the active and passive judicial（主动和被动司法之间的分析）.docVIP

Analysis between the active and passive judicial Abstract background from active judicial implemented to examine its future can be found only cases active judicial activism, shall be active before enduring vitality In other words, the implementation of dynamic judicial justice should follow the law and abide by the judicial passive principle. Paper Keywords active judicial dispute resolution criminal reconciliation Dynamic phenomenon as our judicial cases of judicial action, such as to contribute to criminal reconciliation on its own initiative, to identify the perpetrators, has always been not uncommon but “dynamic concept of justice officially became China’s judicial mainstream discourse, and is cognitive basic judicial philosophy and basic way, advocate of the Supreme People’s Court for the first time. critics then raised a number of questions, such as the Chinese judicial activism sustainability science carried out, whether involved in civic life aspects of freedom to achieve higher latitudes the administration of justice, and so are the instinctive alertness reflect on the lessons of history. progress or retrogression? may desire or fantasy?, in my opinion, only in the study active judicial background and motivation can be discussed. , Dynamic stability maintenance tool of justice - a China’s active judicial and Western Judicial Activism (judicialactivism although knowledge on the edge of the pulse and the phenomena of homogeneity, but applicable to the main body, scope, applicable way, basic way and the value of the content is not consistent in contemporary China context, the so-called active judicial roughly means judges should not be passive Zuotang handling the case the stereotype of the reckless applicable law, still in the formation process in the judicial system within the limits of the judges can and should give full play to the initiative of the individual and wisdom, a variety of alternative dispute led through trial and judicial soluti