论能动司法及其限度-法律学专业论文.docxVIP

AbstractAbstract Abstract Abstract Active judiciary can be described as that follows the historical trend of Chinese traditional judicial ideas and adjusts and innovates the traditional judicial philosophy． In this process，the fundamental values and ideas of the traditional judicial maybe be impacted and challenged．T11is requires active judiciary maintain a certain limitation, within the boundary of reasonable，and operation well，to prevent jurisdiction broken and abuse aside，which requires active judiciary must be uphold the partys leadership， uphold the basic values of the traditional judicial，establish judicial authority，with its own characteristics and be basic with the national conditions，to guide the judicial practice，the reasonable construction of the judicial system．Furthermore，in order to make the active judiciary run well in the judicial practice，we must deeply understand the legal basis，SO that we must grasp the origin of the active judiciary,firmly grasp the nature and essence of the active judiciary．That is the only way to better understanding of our concept of judiciary；from active judiciary we can understand the role of a strategically advantageous position deeply． In summary，this paper aims to reveal the inner essence of active judiciary,to explore its reasonable boundaries．In order to better explore this problem，this paper is divided into three parts：The first part introduces the general theory of active judiciary； we explore active iudiciarys connotation，basic characteristics and essential attribute， such as a basic overview，for active discussion of active judiciary，and provide a theoretical legal basis and border soil．In this section，the famous jurist cited the administration of justice related to the dynamic，and combined with the American meaning ofjudicial activism，the active judiciary in China does in—depth discussion of the issue．This deeper understanding of our active judiciary played a very important role．In the second part，we discussed the m