Uphold A Moderate Judicial Restraint

Judicial activism and restraint doctrine is the judicial activities which judges will inevitably face in the judicial philosophy. Judicial restraint doctrine, since it demonstrated the respect for the rule of law and the intention of legislator, make the law considerable intelligibility and predictability, is widely accepted. Meanwhile, as judicial activism pursues the maximum cases of justice and make up the imperfect legislation has also been respected by many supporters. This article believes that taking one mode exclusively is not comprehensive, but adopts two types of modes does not mean we should given them equal attention. In the law construction of our country, the judges should uphold a moderate judicial philosophy in order to come true the rule of law and pursue the justice better.Specifically, the article is divided into five parts, as follows:The first chapter describes the concept of judicial activism and judicial restraint, and their philosophical foundation support schools,typical case,their extreme case and so on. Through these studies, we can form a thorough understanding of the judicial restraint and judicial activism, and expand for the following foreshadowed..The second chapter is to show the pros and cons of judicial restraint and judicial activism. However,.we do not adopt the traditional style but design a" debate competition" approach. Through active debate we can show their merits and flaws in a more vivid way.The third chapter is the analysis of our current situation what we facing, mainly through China's traditional culture,the judiciary and the academia. Through realize the background of our system, we summed up the overall presentation of our country is an activist posture.The fourth chapter presents moderate judicial restraint, and makes a thorough analysis for our choice.The fifth chapter gives the answer to the problems of practical realm. Certainly, the answer is based on the proposed position of moderate judicial restraint.Certainly, presents a position or put on a profile is easy, but how to use it and enrich it truly in practice needs the theoretical circles,the judiciary and the active participation of the people with tireless efforts. However, "there is difficult, and so precious","only we have the courage to face difficulties, have the superb legal skills to solve the major social problem, judicial power can show its value and establish its authority." Finally wish the moderate judicial restraint become a China's beautiful landscape!...