The Disscussion On Judicial Activism In Background Of Judicial Professionalization

Judicial activism has special significance during this transitional phase in China. Sincethe popularization of modern nomocracy concept, it’s generally accepted in those countrieswhich support nomocracy that rule of law means rules first and strict obedience of laws. Butwith fast change and development of social production mode, more and more new types ofcomplicated cases emerge, making strict obedience of law without proper discretion fail tosettle those cases. Our country is in transitional phase, social transformation complicates socalrelations; value judgement varies; meanwhile, global financial crisis causes severe impact onour economy, causing all sorts of interest conflicts. Faced with all above, judicial activism caneffectively settle those complicated disputes, solving the tough problems for judicial system.However, whether can we use that as a long-run solution during the long time judicialconstruction process? That question stimulates heated debates in academic circle, and that isalso the question origin of this paper.There are five parts in this paper, the first part of which is to introduce question origin,clarifying problems in the previous round of judicial reform, i.e., judicial professionalization,so as to lay a background for judicial activism, and then discuesses another judicial reformmeasure, judicial activism, breafly explaining the key words in this paper.The second part is the first charpter of the main body, presenting a brief introduction onjudicial activism given current language context, and distinguishing judicial avtivism fromactive judicial, followed by background analysis and connotation introduction for theemergence of judicial avtivism.The third part deals with practice and effect of judicial activism, including detailedintroduction of typical national practice in different places, and justifies judicial activismbased on specific practices.The fourth part is about existing problems concerning judicial activism, discussing howto handle the relations between judicial avtivism and judicial professionalization. This paperconsiders the priority is to settle the problems in judicial development. As for construction ofnomocracy, judicial professionalization is the solutionThe fifth part is conclusion. After analysis of problems, this part is to explore ways tojudicial activism, namely, the messages from judicial activism for the direction of judicialreform. Judicial reform in our country is a constant self-correction process, gradually leading to rationalization.