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司法能动主义在我国司法领域以司法的能动运作为核心,以法院和检察院分工和协作为基础成一体两翼式的展开。检察能动性是指检察机关在涉及社会整体利益的领域,不拘泥于现有法律的规定,积极主动地行使检察权,通过以不同方式参与司法审判的形式以维护社会公共利益、促进实质公平的司法理念。检察能动性的发挥是经济法案件的特殊性所决定的,经济法案件中发挥检察能动的合理性显而易见。当然,检察能动性的发挥,应当在特定的范围内进行,既要明确检察能动的向度,也要明确检察能动性发挥的限度。
Judicial activism takes the judicial operation as its core in the judicial field of our country, and unifies the two wings with the division of labor and cooperation between the court and the procuratorate. Procuratorial motility refers to the procuratorial organs in areas involving the interests of society as a whole, not rigidly adhere to the provisions of the existing laws, and actively exercise procuratorial power through various ways to participate in judicial trials in the maintenance of public interests and promote substantive and fair judiciary idea. The dynamism of procuratorial work is determined by the particularity of economic law cases. It is obvious that the procuratorial work in economic law cases is reasonable. Of course, procuratorial motivation should be exercised within a specific range. It is necessary to clearly examine the scope of the prosecutorial initiative and also to specify the limits on the prosecutorial initiative.