2010Journal of Yantai UniversityRequires access

Active Justice and Transformation of Judicial Activism in Transforming China

Zhiwen Yang

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Abstract

Active justice in China is the positive response to the social transformation in order to meet the challenges of the times.Judicial activism is another judicial conception or pattern with special context and meaning,which reflects the continuous expansion of judicial power of Federal Court in America.Judicial activism is contrary to judicial self-restraint and it is the reverse movement to judicial principles.But active justice in China should be laying great stress on performing duties actively in the meaning of following the basic principles of justice for courts.If Chinese justice wants to be active,it can only be based on complying with judicial principles coherently,realizing the functions of justice perfectly as the goal,and pursuing the relevant achievements.

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Active justice in China is the positive response to the social transformation in order to meet the challenges of the times.Judicial activism is another judicial conception or pattern with special context and meaning,which reflects the continuous expansion of judicial power of Federal Court in America.Judicial activism is contrary to judicial self-restraint and it is the reverse movement to judicial principles.But active justice in China should be laying great stress on performing duties actively in the meaning of following the basic principles of justice for courts.If Chinese justice wants to be active,it can only be based on complying with judicial principles coherently,realizing the functions of justice perfectly as the goal,and pursuing the relevant achievements.

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Available abstract

Active justice in China is the positive response to the social transformation in order to meet the challenges of the times.Judicial activism is another judicial conception or pattern with special context and meaning,which reflects the continuous expansion of judicial power of Federal Court in America.Judicial activism is contrary to judicial self-restraint and it is the reverse movement to judicial principles.But active justice in China should be laying great stress on performing duties actively in the meaning of following the basic principles of justice for courts.If Chinese justice wants to be active,it can only be based on complying with judicial principles coherently,realizing the functions of justice perfectly as the goal,and pursuing the relevant achievements.

Key concepts: Judicial activism, Economic Justice, Political science, China, Law, Meaning (existential), Context (archaeology), Power (physics)

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