Pursuing Moderate Judicial Activism——On judicial philosophy of judges in hard case

When judges face hard cases, their judicial philosophy will influence the verdict essentially. A judge who insists in judicial activism tends to fulfill social demand. However, the judge that persists in judicial self-restraint often regards himself as deputy of legislators. They refuse to solve the important social problems in judicial process. As far as legal construction of China is concerned, moderate judicial activism should be judicial philosophy of judges facing hard cases. Judges should reply to social change and realize social justice by means of creative judicial activities.