司法能动与司法被动的三重辩证关系（Three dialectical relations between judicial activism and judicial passivity）.doc

司法能动与司法被动的三重辩证关系（Three dialectical relations between judicial activism and judicial passivity） Three dialectical relations between judicial activism and judicial passivity a href= Author_Page.asp? AuthorId=0 title= Wang Jianlin target= _blank class= Xiaozi Wang Jianlin /a nbsp a; href= Author_Page.asp? AuthorId=141546 title= Wu Yu Lian target= _blank class= Xiaozi Wu Yulian /a [subject classification] judicature [source] published in the attorneys Daily May 24, 2010 [year of writing] 2010 [text] Judicial activism and the application of judicial passivity are limited by certain time and space, and any relative things are in the dialectical relationship. Judicial activism and judicial passivity are also in a dialectical relationship. This paper intends to discuss the three specific dialectical relations between judicial activism and judicial passivity, in order to deepen the understanding of judicial activism and enhance the rational and scientific grasp of judicial activism. First, the dialectical relationship between judicial activism and judicial passivity in space The dialectical relation between judicial activism and judicial passivity is first manifested in the category of space, and different spatial environment forms different rule of law. Montesquieu has already described this in detail. Cities and rural areas, economically developed areas and backward areas, acquaintances and strangers society have different judicial requirements. (1) urban and rural areas. Cities around the world are the same, the rural areas are different from each other. This very ordinary word contains a meaning of the rule of law. Because of the larger composition of urban peoples creativity, identity and uniformity are very strong. There are many components in rural areas according to the natural environment, and there are many differences and personalization. Judicial activism is more suitable for rural areas, but cities are more suitable for judicial passivity. Specifically, (1) t