Judicial Ideology:Reflection on Activism and Restraint

For the Chinese people,active judicature bears several meanings,the core of which,however,is that judicial activities may be developed beyond law and power.Inconsistent with the basic requirements of rule of law,active judicature is not an ideal judicial notion but rather a means to settle specific legal cases.Active judicature is an unescapable reality and we should let it alone but exercise restraint of it.The conception of active judicature is popular these days,which we should watch out for.We should be on guard against its adverse effects upon the construction of China into a socialist country under rule of law.