On Judicial Activism In Civil Litigation

With the development of economy and culture in China,the deepening of the process of governing the country in accordance with the law,the new challenges arise in civil litigation,and the more complex types of cases are often lack of legal provisions.Judges should accord to legal principles,appropriate legal methods for creative application,which requires judicial initiative.Judicial initiative is a kind of judicial philosophy,which is a kind of flexible method adopted by the judiciary and the judiciary in the judicial process,adhering to certain legal value,following certain legal rules,creative applicable law,rationally making judgments,promoting the development of social,political,economic,legal and cultural.However,under the current situation of the rule of law in China,due to the lack of independence of the judges,the applicability of the case system is not sufficient,the legal interpretation is not clear enough,so that the judicial initiative in the operation of civil litigation in our country there are still many problems.Therefore,it is necessary to start from the perspective of legislative regulation,judicial practice and improve the ability of legal talents to improve the judicial action of civil litigation in order to achieve the unity of legal justice and social effect.