Research On Judicial Activism In China

In recent decades, our country society changed greatly, since joined the world tradeorganization the world make our economy reach a new leap. Our country also was in thekey period of economic system transformation, a lot of emergencies, public events,natural calamites have been happening frequently, if we did not deal with thoseevents,more social contradictions will be expanded, and managing these disputes,stabling social order were the important segment to ensure our country economy’s niceand fast development and maintain the legitimate interests of the people. In front of thenew period of the complex economic environment, our country’s highest court WangShengJun proposed carry out judicial activities to response to the emergence of the socialdisputes in the national scope. At present the national judicial activities have carried outwith vigour and vitality, but the theoretical system of the judicial activism has not beencompletely established. What is judicial activism? What is the nature of the judicialactivism? What is the standard of judicial activism? How to do the practice of judicialactivism? Whether theoretical people or judicial people are discussing the theory andpractice of judicial activism, we believe that through the practice up to theory and formthe theory instructing practice to practice the theory of testing process can complete thetheory system of judicial activism.This paper analysis the theoretical judicial activism in our country firstly, andintroduce the theory of judicial activism of our country at present, including the concept,nature and the characteristic of judicial activism, summarizes some identity of viewsabout the judicial activism. And then review the judicial activism and how did thejudicial activism develop, judicial activism’s theory and practice, and judicial restraintand judicial activism’s debate between in theory and practice, and compare judicialactivism in our country with judicial activism, find out the socialist, analyzes thesimilarities and differences, get enlightenment from judicial activism’s theory andpractice. At last analysis the present situation of China’s judicial activism, the judicialactivism advantages and disadvantages, and the judicial activism need to be aware of afew questions. This paper used historical analysis, social analysis，dialectical analysis andcomparison analysis to analysis and compared the judicial activism of our country withthe western judicial activism, found that the shortage of our country judicial activism,studied and used the western judicial activism’s experiences and lessons for ourcountry, carried some suggestions for the function of the judicial activism theory system.We can’t deny the reality of law in worldwide have been the dominant status, whethermove judicial or judicial activism socialist realism law thoughts are on judicial realityinfluence and function, as a world power a part of the global economy, China’s attitudeand practice will have a great influence on the world, and combining with China’snational conditions, consisting China’s national conditions and adapted to the function ofthe global development are imperative, so continue to explore theory and practice, andconstantly test and complete our country’s judicial activism theory.