Dissertation > Excellent graduate degree dissertation topics show

A Research on the Limit and Realization of Active Judicial

Author: WuBaoLin
Tutor: WuYingZi
School: Nanjing University
Course: Legal
Keywords: Judicial Active Judiciary Judicial Activism Judicial boundaries
CLC: D926
Type: Master's thesis
Year: 2011
Downloads: 274
Quote: 0
Read: Download Dissertation

Abstract

China's judicial reform has been difficult and tortuous to continue moving forward to re-examine the judicial reform process in China will find that since the reform and opening up, China's judicial model roughly follow \From the beginning of this century, some of our cases gradually reflect the judiciary or judges dynamic, the tendency in some parts of the judiciary boldly suggested the more obvious characteristics of the judicial practice of \Since 2009, active judicial some officials and get a positive response of the academic and practical, to become theoretical discussion and practical exploration hotspot, but inaccurate definition connotation of \clearly other problems still exist. This article attempts to define the connotation of active judicial boundaries proposed dynamic path of realization of justice. The beginning of this article briefly discusses the process of judicial reform in China, analysis of the historical background of activism judicial; comparative analysis of the two confusing concepts: judicial activism and the active judicial, analysis of differences in the social background of the two applicable, pointed out that judicial activism the meaning of the doctrine dynamic; comparative analysis for active judicial meanings several representative understanding of Active Judiciary of specific social and historical conditions are quite different judicial, judicial activism of the social history of the case does not meet needs and choices, should come from the demand point of view of the definition of active judicial. Next, the paper analyzes the active judicial necessity to maintain a certain boundary. According to the characteristics of the running of Justice, taking into account the basis of justice, judicial object, three aspects of the judicial body to determine the characteristics of the running of Justice, the from active judicial legal boundaries, terms of boundaries, the behavior boundaries tripartite face active judicial make limited; through come to argumentation the judicial legal boundaries should be the principles of the Constitution and the law, there should be some selective justice object, the behavior of the administration of justice to a good grasp of judicial neutrality, judicial restraint and activism judicial three issues; pointed out that the legal boundaries of the judiciary, the terms of reference boundaries of behavior boundaries for active judicial role play is critical. Finally, the paper pointed out the path to the active judicial achieve the. Analysis of the nature of the active judicial mediation, from the nature and purpose of the two, pointed the active judicial achieve the core should be in the form of large mediation, the judiciary should be dominant in the large mediation; pointed out that active judicial A Few aspects of the relationship, combined with China's actual situation, pointed out that our active judicial case focus on active subjects, objects, the range should be different, and to play a guiding role for active judicial practice.

A Research on the Limit and Realization of Active Judicial

Abstract

Related Dissertations