On Judicial Activism Note Applicable In Our Country

Judicial activism, whether in our country socialism is introduced into china from its arguing just never stopped. In the process of judicial reform we face a variety of theoretical choice. The choice of theory, we should embrace cautious attitude. This paper starting from the actual situation in our country of judicial activism socialist in our study, focus on is the necessity and possibility of judicial activism and the socialist for reference.The first chapter, introduction, introduction, research status and multiple-choice significance this research method and the structure arrangement. The second chapter, first clears off predecessors to judicial activism socialist concept, this paper sumarizes the characteristics of socialist judicial activism in China, concludes the United States and around the socialist judicial activism, and judicial activism different views of America's practical experience of judicial activism, have a basic understanding of socialism. Chapter 3, analysis of judicial activism in the necessity of our country socialism respectively, namely for the internal-from the judicial justice and judicial itself and external social interaction analysis of the two aspects that our country really needs into judicial activism of socialism. The fourth chapter, analysis of judicial activism, the feasibility of socialism in China respectively from judicial independence, the quality of the individual judge, social acceptance inspection, the three aspects that at present our country and not suitable for judicial activism on the environment, existing socialist judicial activism shall gradually implementing the use of socialism.Summary, chapter 5, the basis of in the fourth chapter, the author holds that although judicial activism socialist in our country not used soil, but we can we learn useful aspect, can not only enhance the judge independence and personal quality and strengthen the franco-prussian education. Gradually for applicable judicial activism socialist create environment.