Active Judicial Reasonable. Context Of Contemporary China

In the process of actively dealing with the international financial crisis and practically taking on the significant judicial mission of "Guarantee economic growth, value people's livelihood, ensure social stability", the meaning of judicial activism was unprecedentedly highlighted. Through the continuous discussion and conclusion of the learner from judicial practice and legal theory, at present the content, operation, methods, and the border of judicial activism has becoming clearer, some of the basic consensus has been formed within the people's Court, which laid the foundation for discussing the deep-seated problems of judicial activism. However, it does not give a reasonable explanation to the question why judicial activism was put forward in China during the financial crisis and was generally accepted by the people with Judicial practice. This article attempts to clarify the basic meaning and related concepts of judicial activism, on that basis, analyze the necessity and feasibility of judicial activism coming up in China and playing its role to make up for the deficiency of the judicial activism theory, and better guide judicial activism application in court judicial activities. The basic idea is:Firstly, to make a phase summary of the connotation of judicial activism according to the existing literature and to differentiate and analyze the related concepts; Secondly, analyze the necessity of judicial activism on the legal history, the philosophy of law and the realistic demand, Thirdly, to make a elaboration of the feasibility from two aspects of theoretical basis and realistic basis; Finally, to emphasize the boundary regression of judicial activism, prevent excessive activism, blind activism or destroying the judicial authority, advocate a mild judicial activism.