Judicial Activism in the Context of China

Judicial activism is the hot topic in both theory and practice fields in China because it has different views on adopting judicial activism or judicial restraint,which refers to how much the discretional power a judge can have.In China,based on the judge's pursuit of the judicial restraint,royalty and modesty for the law,and the respect of court for the administrative and judicial departments,the judges should uphold judicial activism,develop their subjective initiative and intelligence to meet the demand of the society and solve the social conflicts,therefore,keep the dynamic balance between the judicial activism and the judicial restraint.