Study Of The Civil Judicial Activism

Purpose of this paper is to figure out the necessity and rightness of the existence of Judicial Activism in China through the study of it and the comparison with Judicial Activism abroad. Finally,proposes basic methods to improve and regulate Judicial Activism in China.This paper argues that Judicial Activism in China refers to exert the judicial activity to reach the Equilibrium of Interests of parties, dissolve the antinomy, and safeguard the justice in society by attaching importance to economic development and harmonious society-building. As a new judicial philosophy, Judicial Activism embodies the essential characteristics of the socialist legal system and keeps the same pace with the economic, political, social and cultural development of contemporary China. It will forcefully promote the judicial construction, development and practice of China.Since the system of Judicial Activism is still immature in China and there are still many problems during the process of implementation, so we must provide necessary regulations to it in order to make its fullest possible contributions on the premise of legitimacy.