Moderate Judicial Activism:A Possible Pathway for Criminal Law Interpretation

Judicial activism and judicial conservatism represent two judicial ideological attitudes. In the field of criminal judicial, moderate judicial activism could facilitate elitism in appointing judges and help realize to the greatest degree substantive justice pursued by criminal law through actively patching up the crevices between facts and norms. Philosophical hermeneutics has provided the theoretical foundation for judicial activism and thus alleviated the tension between judicial activism and the principle of a legally prescribed punishment for a specified crime. The theory of type in turn provides the methodological support for judicial activism. In the presence of judicial activism, a pragmatic criminal judicial view becomes possible and practical.