Judicial Activism

There are about 41000 words in the text.In addition to the introduction and conclusion,the paper is divided into four parts,from the level can be seen as two levels.The first tier,along the two lines of judge-made law and judicial review,making a comprehensive and systematic analysis,in a bid to show more integrity in the rise background of judicial activism,in the development process of the judicial activism,the risks,the value and its underlying support system, paving the way for the introduction of the judicial activism theory for china.The second layer,through the comprehensive display of judicial activism before,the article reveals the trend of it in the world,and introducing the current of judicial activism into China's current judicial reform precisely conforms to this trend.With the reality of China's judicial conditions(weak judicial power,the judiciary is not independent, and judicial powers dislocation),the article proposes the China's expansion direction of judicial activism,and designs corresponding system as a safeguard.For the risks of judicial activism and China's judicial "inherently deficient" realities,the author promotes in China's promotion of a progressive and moderate judicial activism.China's judicial reform is a grand theme,and the main purpose of the article is not constructing the system,but through the introduction of the new judicial dynamic ideas,hoping to open the judicial reform ideas.The first part,the rise of judicial activism.The part makes a comprehensive definition of judicial activism,and a clear judicial latitude of the two: judge-made law and judicial review,followed these directions are detailed exposition.The judge-made law,first from its origin theory,then focusing on its inevitability and necessity,In the final,the limit of judge-made law is highlighted.Judicial review of the system was born in the United States,and it is in the case of 1803 "Marbury v.Madison" for a sign.Since then,judicial review became the main characteristic of judicial activism in the United States.From this sense,the home of judicial activism is in the United States.From a global perspective,the model of judicial review there are mainly two:the United States representative of the "fragmented" and widely existing in civil law "concentrated".After detailing the historical development course of the "fragmented" judicial review in the United States,the focus is on the causes of the "concentrated" model of judicial review.It not only provides a wide variety of perspective for fully understanding judicial activism,but also provides important experiences for China's expansion direction of judicial activism and the security system.The second part,the worries of judicial activism.On the basis of a comprehensive initiative of the judicial activism in the first part,two concerns exist:damage democratic legitimacy and distort judicial functions.These can be seen as a warning of judicial activism,and bury hint for advocating for a progressive and moderate judicial activism in china.The third part,the defence of judicial activism.The article make clear that the nature of judicial activism is not anti-democratic,and if used properly,then it will not only distort but also better play judicial functions.In response to this part of the challenge,it fully displays the charm of judicial activism at the same time.The fourth part,judicial activism and China's judicial realities and the future.First,through the description of the Justice not independence and the distorted judicial power in the China's current background,in terms of the judiciary background of "inherently deficient",to promote judicial activism in china,a process of the judicial authority to reset is for need.And then,a progressive and moderate judicial activism is advocated.Second,in terms of the trend of judicial activism in the Western countries and standing on the reality of China's system,the article proposes the expansion direction of judicial activism in china.Finally,to get rid of the old judicial environment which constrains the expansion of judicial power,the author provides a few recommendations in order to promote judicial activism of the sound development of China.In this paper,there are two innovations.First,the author make a comprehensive,systematic and comprehensive presentation on judicial activism from the two diversions of judge-made law and judicial review. Such diversification perspective in the previous studies is not to see. Second,the article realizes the integration of judicial activism and China's judicial realities and the future.Based on China's practice,the author advocates a progressive and moderate form for judicial activism,in order to provide new ideas for China's judicial reform in the future.