The Judicial Activism and the Judicial Restraint——In the Perspective of the Judges'Interpretation Right

In judicial practice,the judges'interpretation right plays an important role.The judicial philosophy held by the judges will have a direct impact on the effect of the application of law.China's circumstances are so special that the problem is undoubtedly more complicated.In fact,the judicial activism and the judicial restraint are not an either-or issue,but a problem of extent of the freedom or restraint judges would have in their judicial discretion.In the construction of a harmonious society and legal system,the judicial activism and the judicial restraint play different roles and the judges are responsible for maintaining a good balance between them by means of legal interpretation.