2011Journal of Lanzhou UniversityRequires access

Judicial Activism:The Balance of Procedure Justice and Substantive Justice

Wang Geng

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Abstract

With the adversarial trial system reform making significant progress,the introduction of judicial activism and the implementation of new judicial policies can be regarded as a further extension of judicial reform.However the objectives that judicial activism seeks should not simply be substantive justice,and the fulfillment of certain social objectives,but should also include the pursuit of procedure justice.This paper believes that,on the premise of abiding by such essential laws as judicial passivism and self-restraint,the ultimate purpose of judicial activism is to achieve a sort of balance and agreement between procedure justice and substantive justice.

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With the adversarial trial system reform making significant progress,the introduction of judicial activism and the implementation of new judicial policies can be regarded as a further extension of judicial reform.However the objectives that judicial activism seeks should not simply be substantive justice,and the fulfillment of certain social objectives,but should also include the pursuit of procedure justice.This paper believes that,on the premise of abiding by such essential laws as judicial passivism and self-restraint,the ultimate purpose of judicial activism is to achieve a sort of balance and agreement between procedure justice and substantive justice.

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Available abstract

With the adversarial trial system reform making significant progress,the introduction of judicial activism and the implementation of new judicial policies can be regarded as a further extension of judicial reform.However the objectives that judicial activism seeks should not simply be substantive justice,and the fulfillment of certain social objectives,but should also include the pursuit of procedure justice.This paper believes that,on the premise of abiding by such essential laws as judicial passivism and self-restraint,the ultimate purpose of judicial activism is to achieve a sort of balance and agreement between procedure justice and substantive justice.

Key concepts: Judicial activism, Adversarial system, Economic Justice, Judicial discretion, Premise, Law, Balance (ability), Political science

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