Abstract:Abstract: judicial activism is an important beginning in the United States judicial philosophy. Representation of the U.S. judicial activism during the Marshall Court, Warren Court and Burger Court period. American Judicial Activism is not clear from the provisions of the Constitution, but the Supreme Court in Marbury v. Madison, Brown v. Board of Education case, Roe v. Wade and many other cases, through "legislative justice" to establish down. The success of the U.S. judicial activism has its specific social and historical conditions and the rule of law in the background. Justice for the implementation of China's judicial activism should be taking a cautious attitude.