司法能动的语义比较分析

司法能动在中西不同的政治文化背景和宪政体制下具有不同的含义。美国的司法能动主义,是一种开放性的司法哲学,法官热衷于解释宪法、打破规则和在法律之外司法能动;中国的司法能动则是一种奉行严格规则主义的法律之内的能动。

On the Comparative Analysis of the Implication the Judicial Activity

The implication of the judicial activity has different meaning between the West and China because the political and cultural context and the constitutional government system of them is not alike.The judicial activism of American is a kind of judicial philosophy with the character of opening which the judge is wild about explaining the constitution,breaking rule and actively applying the law to the case outside the superficial meaning of the law.The judicial activity in China is a kind of activity inside of the law which the judge carries out a strict rule doctrine.