Application Of The "judicial Activism" In Settlement Mechanism Of Dispute

"Judicial activism" is a new word that has been included in the Chinese law just in recent years. There has been much controversy about the advantages and disadvantages of "Judicial activism" during the course of "Chinization" and the transmission of dynamic theory. This article aims to discuss its original concept as well as varies opinions about the "Judicial activism". In fact, Chinese law administration has put the "Judicial activism" into action long before the phrase "Judicial activism" turned out in the Chinese law dictionary. So this article proves the relevant cases happened in recent years."Judicial activism", acts as a Chinese legal philosophy, a sense of values and methodology, was discussed in theoretical field and has become a focus concerned by the actual practical and trial field. Also, it plays as a leading role in the matters of how to positively respond to disputes in the period of social transition. In addition, it can help the court with the judicial reform to a great extent. This paper attempts to have a theoretical discussion over the application of the "Judicial activism" in dispute settlement mechanism, and make a discussion that how to establish and perfect pluralistic settlement mechanism of dispute.