On The Limitation Of Judicial Activism

Judicial Activism has important social and political significance for China in the transition period, and it reflects the Chinese's demands and expectations of justice in this period. However, due to the Judicial Activism is not perfect, there are still many problems in China's judicial practice. So, it is necessary to standard and limited the Judicial Activism and to eliminate the bad influence on justice. That should be taken more active measures to limit injustice in Judicial Activism. Such measures including but not limited to correctly handle the relationship between policy and law, ensure the law's prevail; To regulate conduct of the trial judge and make a reasonable exercise of judicial discretion; To strengthen the inspection and supervision functions of prosecution and give the prosecution the power which could launch the Judicial Review and so on. From the macro and micro aspects such as determining the limits of dynamic justice, to overcome the disadvantages of Judicial Activism, protection of the effect of passive administration of justice to be the greatest play.