The Resort to Legal Methods Under the Background of Judicial Activism

Judicial activism has become a hot point in recent years.This paper tries to explain the difference between Chinese judicial activism and its counterpart in American,then,it expounds that judicial activism is not only a judicial conception but also a political idea.The ideal judicial activism is a combination of activism on function and restraint on methods.The judicial activism is promoted by policy in our country,it is in lack of regulations,and the legal methods can regulate the judicial process on both effectiveness and validity,so it is necessary for us to resort to the legal methods.