Title: Judicial Activism and Judicial Reform in China
Abstract: To clarify the basis and premise of related debates,we need to go back to the fact itself. Judicial activism is neither a new invention nor an exotic term,for current judicial activism in China is the product of the revival of the tradition of people's judiciary after the adjustments of the judicial reform policy. Attaching importance to the role of judicial persons,judicial activism,by its very nature,is the judiciary of sages. The best ideal social governance is to rule by law and at the same time to rule by judicial sages. So the judicial activism under the rule of judicial sage shall share universal values and a broad developmental prospect. The goal and mission of China's judicial reform is to establish and improve a modern judicial system in line with the spirit of the modern rule of law,in which activism shall be abided by as a moral advantage in the process of judicial reform. Hence,if the main energy is used for the pursuit of justice by the judiciary sages before the idea of rule of law is achieved,it will lead to dislocation and irrelevance of the judicial reform.
Publication Year: 2013
Publication Date: 2013-01-01
Language: en
Type: article
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