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Of grassroots activism judicial

Author: WangMingQuan
Tutor: JiangLiShan
School: China University of Political Science
Course: Legal Theory
Keywords: Active Judiciary Legal Profession Feasibility
CLC: D926.22
Type: Master's thesis
Year: 2011
Downloads: 346
Quote: 1
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Abstract


The concept of \He pointed out that \services, economic development, maintaining social stability, promote social harmony, and to protect the interests of the people, and actively use policy considerations, the balance of interests, harmony judicial judicial way to fulfill the duties of judicial trial service of Justice; initiated research, careful analysis of the judgments situation take the initiative to respond to the demand for social justice, effectively improving their work, take the initiative to extend the trial functions, and actively participate in social functions, active communication and coordination, the active judicial efforts to form a joint effort;, rainy day, according to the requirements of economic and social development planning ahead should advance efforts to Conflict and Dispute Resolution efficient justice in the bud. \all judicial mode, such as Shaanxi Longxian the of \Petition Window construction. More on judicial activism and the Western Judicial Activism on etymology, active judicial scholars on China also made a different interpretation. Occurred mainly in the judicial the judicial method sense of dynamic; justice for the people, \Our active judicial Why? I am afraid that this problem in practice answers. The author of the current court, especially the practice of grassroots courts to make a summary of the comparison system. Generally speaking, dynamic the judicial practice include: mechanisms of judicial convenience, and improve the convenience of litigation; judicial way to focus on mediation, to to dynamically resolve disputes; court as the core construct multivariate linkage dispute settlement mechanisms and enforcement mechanisms. China's active judicial relates to the concept of conflict, therefore, critical voices are some exceptions. As in the judicial process is dynamic, there may be a conflict of procedural justice and substantive justice; referee disputes process, the judge also facing the embarrassment of their roles: that the judge in the end should decide cases in accordance with the norms or more should serve as a social the role of the facilitator? rose to a higher conceptual level of active judicial rule of law or the construction of an \road? above the core dispute, the Chinese grassroots activism judicial and legal professional relationship, in fact, the problem involves a sequence of reforms. Some scholars believe that of the low level of the legal profession, to achieve the rule of law, and the urgent need to solve the current problem of judges is to improve the legal professional degree, rather than the purposes of active judicial activism justice in a way to encourage a rule nihilism, the realization of the rule of law is detrimental, so, we should first realize the Legal Profession, and then carrying out active judicial efforts to heal the alienation between the judiciary and the public. In this regard, the author through the analysis that the conflict between the Active Judiciary and the Legal Profession in fact reflects the contradiction between the phased demand, with the goal of long-term rule of law. Author from the point of view of history and human nature to explore the feasibility of the problem and preliminary conclusions: should place greater value. We should treat as an active justice of the immediate need, not to indulge in the \Of course, as the immediate need active judicial some negative effects, such as not conducive to the establishment of the rule of consciousness, lack of a unified system of guidance. These we need to attach importance to and overcome.

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CLC: > Political, legal > Legal > Chinese law > Justice system > The court > Local people's courts
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