Pursuing Moderate Judicial Activism——On judicial philosophy of judges in hard case;

Based on two real cases of the rape happening in marriage,this article illustrates the legitimacy of hard cases similar to the two cases mentioned in this article and puts forward techniques and strategies that can make the judgments of hard cases gain legitimacy.

The subject in criminal investigation causes many difficult cases from a clear condition to a blurred condition,and at last to a difficult case.

Through the interpretation of the connotations and denotations of difficult cases,the author analyses the causes form diverse angles and levels,which is significant for improving the effeciency of investigating difficult cases and safeguarding social stability.

Puzzlement caused by the struggle between factual or legal issues reflects the difficult situation and the helplessness of judges while facing hard cases.

Hard cases are a fraction of legal cases,which will be evitable encountered by a judge in judicial practice,and the role and function of a judge in the general may not refuse to make various of cases,of course,including the hard cases.

It is unavoidable to have different kinds of difficult criminal cases unsolved and it is also an objective requirement to crack all kinds of criminal cases.