Judicial Activism Socialist And Development In China

Judicial Activism in the United States since the 20th century from a series of judicial practice, is considered a liberal constitutional tradition, is a new thing, but in a short time but by the democratic countries of all ages. As a political discourse, judicial activism in the beginning of the last century, the United States Court of leakage clues, is considered the legitimacy of the law to intervene and help resolve conflicts and disputes, which aims to promote the constitutional development of the overall goal of this under the guidance of judicial activism Marxism has been given to resolve political disputes, maintaining social stability and protect the citizens of democratic freedom, dignity and other functions to uphold the Constitution, in order to achieve these missions, judicial activism into political turmoil in the public domain, while access to basic rights for people too and efforts to achieve justice.In addition to introduction and conclusion, this paper can be divided into four parts, the first part of the judicial activism attempted to make a more comprehensive and systematic analysis, the rise of judicial activism from the background, definition, judges make law, judicial activism and judicial restraint doctrine about differences, etc., to make a more clear of its introduction, as described later judicial activism in China, paving the way the application of good theory. The second and third section focuses on the legitimacy of judicial activism exists, reality, value and how its value measured from judicial activism constitutional rights protect citizens and safeguard social fairness and justice of the starting, clear judicial Activism Marxist values, this is what we advocate the concept of reason. The fourth section describes the judicial activism in China and its limited application of judicial reform in China. The introduction of the current judicial reform in China's judicial activism is an appropriate response to the development trend of judicial activism. Period of rapid social transformation in China, social conflicts, new types of progressive, the state has recognized the seriousness of these problems, efforts to promote democracy and the rule of law, the functions of the judiciary has placed a deep hope. Judicial Activism in the development worldwide trend of judicial reform to promote the rise of China, Chinese judicial reform is a grand theme, the main purpose of the article is not to construct a specific system, but aims to introduce the judicial activism ideas, advocate a moderate, progressive, moderate judicial activism, and with China's concrete conditions of social, proposed the development direction of judicial activism, hoping to open new ideas for Judicial Reform in China, the rule of law socialist harmonious society construction.