The Impossibility of Judicial Activism in China:The Thinking Caused by A Case

The judicial activism is often linked to judicial review and the explanation of the constitution.In China,because the Judicial organ must undertake the political mission to service the general situation,and to service the basic task and development targets of the party,which is established in different historical periods,and these missions,tasks and goals are not necessarily associated with judicial practice,determines that the judicial activism of China does not have the judicial's independent character.In China,the court does not have the power of judicial review and constitutional explanation,no more the power of judge-made law,so the judicial activism of China is not the true judicial activism.China's actual conditions may not product the real judicial activism.