2010Journal of Social Science of Harbin Normal UniversityRequires access

Judicial Activism and Active Justice in Current China:the Review of Context and Implication & Comparative Analysis

Zhiwen Yang

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Abstract

As an exotic phrase,the intrinsic context of judicial activism is the judicial theory and practice about the Supreme Court in the United States.Seen from the general sense,judicial activism is a judicial philosophy which is contrary to judicial self-restraint.Comparatively,what active justice discusses in current China is the meaning that judicial pursuits should cope with the current challenge,make progress actively and have achievements.Accordingly,it is not a proper choice that judicial activism is copied simply to describe active justice in current China.

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As an exotic phrase,the intrinsic context of judicial activism is the judicial theory and practice about the Supreme Court in the United States.Seen from the general sense,judicial activism is a judicial philosophy which is contrary to judicial self-restraint.Comparatively,what active justice discusses in current China is the meaning that judicial pursuits should cope with the current challenge,make progress actively and have achievements.Accordingly,it is not a proper choice that judicial activism is copied simply to describe active justice in current China.

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Available abstract

As an exotic phrase,the intrinsic context of judicial activism is the judicial theory and practice about the Supreme Court in the United States.Seen from the general sense,judicial activism is a judicial philosophy which is contrary to judicial self-restraint.Comparatively,what active justice discusses in current China is the meaning that judicial pursuits should cope with the current challenge,make progress actively and have achievements.Accordingly,it is not a proper choice that judicial activism is copied simply to describe active justice in current China.

Key concepts: Judicial activism, Political science, Economic Justice, Law, Context (archaeology), Supreme court, China, Judicial review

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