魏胜强 * 1999 * 2014 95
2014 5 1 2 1 2 96
1 1 2 3 4 5 6 7 2 3 4 2009 2010 1 2 3 4 2010 6 2005 1 2014 2 2002 3 97
2014 5 2002 98
5 6 7 5 6 7 2013 1 2010 1 2011 3 99
2014 5 2009 1 8 2 3 8 2013 1 100
9 瑏瑠 瑏瑡 9 瑏瑠 瑏瑡 2009 2 2013 2 2013 2 101
2014 5 102
瑏瑢 瑏瑣 2012 10 瑏瑢 瑏瑣 2004 43 2001 123 103
2014 5 1 2 瑏瑤 瑏瑤 2012 3 104
瑏瑥 瑏瑥 2009 2 105
2014 5 106
瑏瑦 瑏瑦 2014 2 107
2014 5 1 瑏瑧 2 瑏瑧 2006 4 108
瑏瑨 瑏瑩 3 瑐瑠 1 瑏瑨 瑏瑩 瑐瑠 1999 3 1999 7 2010 6 109
2014 5 2 3 4 110
瑐瑡 瑐瑡 2012 11 111
2014 5 瑐瑢 瑐瑢 2010 1 112
1 2 1 2 3 4 113
2014 5 Abstract The current reform of people s court faces the conflicts between realities and ideal the specific performances have been reflected in three questions Whether we need independence of court or independence of judge Whether we need judicial democratization or judicial occupation Whether we need judicial activism or judicial restraint The judicial reform through judicial method is a recipe to solve these questions. This kind of judicial reform claims that judge should wield legal method to realize judicial independence and fusion between judicial democratization and judicial occupation and establish judge activism and court restraint trial management system to guarantee the wield of legal method by judge. In China the judicial reform through judicial method will encounter few resistances and thus has a good development prospect. The key of this kind of reform is to set up the system to guarantee and restrict judge s trial and this reform should be guided and promoted by the supreme organ of authority in China. 114