The Conduct Of Judicial Activism In China

When Judicial Activism was introduced into China, both in theory and practice were localized development and innovation. In the social transformation of the moment China, judicial activism in easing social conflicts, social reaction mainstream thinking, strengthen core national control has played a unique role. However, judicial activism in China, there are a series of questions and controversy, mainly in theoretical misunderstanding or misinterpretation, in practice political interference in the judiciary and even the intervention. Therefore, judicial activism in establishing compliance with the law, while the effectiveness of results-oriented, must rely on judicial and judicial procedures to regulate, rely to protect citizens’orderly participation, and should establish appropriate safeguards aspects, namely:macro, establishing a good judicial and political interaction mechanisms; meso, the establishment of effective mechanisms to guide the highest judicial body; micro level, to establish a rational and orderly operation mechanism within the Court judgment.This paper is divided into four parts. By the first part of the western judicial activism leads to a brief description of our judicial activism, and attempts to explain the relationship between the two; the second part analyzes the fundamental values of our judicial activism; the third part focuses on the implementation of judicial activism; the fourth part attempts to summarize the problems of judicial activism, and put forward corresponding countermeasures.