Analysis And Thoughts On Judicial Activism And Its Localization In China

With the constant development of the society, the demands and expectations towards judicial activities have also been promoted extensively. In the aim of solving all kinds of complex and variational cases, meanwhile keeping the final justice and impartiality, many scholars begin to focus on the theme of Judicial Activism. However, the reasons which include the wide universe of discourse and the various research background and many others lead to the drastic debate on the definition, the connotative meaning and the limited extension of Judicial Activism. All the above current research situations have hindered its theoretic development and the applications on practice field severely.The first part of this article reconstructs the real concept of Judicial Activism based on nowadays background and through the evaluation and summary of the previous ideas. This part also expounds the unusual occurring frequency of Judicial Activism, and its occurring conditions, referring extent of its concept, limitation requirements, applied methods and other important factors. In the end, this part defines Judicial Activism in an innovative and reasonable angle.The second part uses the comparative way and standardization method to further illustrate the theoretic aspect of Judicial Activism. This part discusses the attitude towards originalism, the opposite concept Judicial Self-restraint and other theoretic thoughts to build the foundation for Judicial Activism to be applicable on practice. This part also purposes the self-contained pattern for the systemic theory of Judicial Activism.The third part firstly spreads out and analyzes the problems and predicament of the application conditions faced by China, also specifically interprets judges’Judicial Activism thought and behavior in details. And then, this part raises reasonable solutions to apply Judicial Activism to China practice from legal interpretation, political system and procedure standardization, which hopefully can help China to solve some of the main problems in the application aspect and provide a brand-new and felicitous processing method for the further research depth and practice development of Judicial Activism in China.