民族自治地方能动司法与法律变通

Judicial Activism of National Autonomous Regions and Flexibility of Law

能动司法是我国当前重要的司法政策。能动司法要求法官在司法过程中遵循司法客观规律,充分发挥积极性、主动性和创造性,运用多种方式方法解决矛盾和纠纷,实现"案结事了人和"。法律变通是基于我国少数民族的历史和现实,保障少数民族权利平等的法律制度安排。在变通立法尚不完善的情况下,民族自治地方能动司法具有广阔的空间。

Judicial activism is an important legal policy of China.It requires that judges abide by objective principles of law,bring their enthusiasm,initiative and creativity into full play,and apply various ways to settle disputes and conflicts so as to achieve ＂the end of case and harmonious relationship between people＂.Flexibility of law is the legal system which is based on the history and reality of ethnic groups in China and aims to protect equality of rights of ethnic groups.Since flexibility of law is imperfect at present,judicial activism in national autonomous regions enjoys a greater space.