On Legal Interpretation:Judicial Restraint or Judicial Activism

Judicial activism has been advocated in judicial practice recently,arousing the enthusiastic research in theory. The understanding of activism,from the usual practical perspective,is usually lack of serious argumentation and merely based on feelings. Judging from the perspective of philosophy,judicial activism is the nature of legal interpretation,but the rule of law demands a rational and restrained judicial activism,otherwise it will be ruined thereby. Judicial activism is as important as legal mentality,so any arbitrary activism regardless of the safety of law would violate the rule of law.