On the Function and Regulation of Judicial Activism

Judicial activism in China has been a hotspot discussed by theorists and judicial practitioners.It originated in America,relating to the practice of the Supreme Court.In China,in order to cope with social needs,judicial activism is put forward by the decision maker from top to bottom,and is carried out in the practice of courts at all levels.Judging from existing results,generalizations and explains about judicial activism are multiple.On the background of judicial reforms,the exertion of judicial activism will be beneficial to fill up legal flaw,improve judicial efficiency and realize judicial equity.It will also be beneficial to build up the philosophy about initiating action and judicature for the people.At the same time,we should acknowledge the two-sidedness of judicial activism.It can be regulated through legislative improvement,construction about system of judicial activism and promotion to judicial professionalism,which would ensure the reality of judicial equity.