能动司法与司法能动具有本质的差别,能动司法更加侧重司法的艺术性和对当下社会司法需求的回应。几千年的人治文化及中国现代都市与较落后的农村社会构成的二元社会,造成的公民整体法律意识提高的速度异常缓慢的现状以及不够完善的法律体系,迫切需要法院在解决纠纷方面付出极大的作为,而不是仅仅满足于坐堂审案。这为能动司法提供了存在的基础和发展的空间,并使能动司法具有一定的法社会学和法经济学意义。能动司法应以司法公正为核心,以法律规制为原则,以适度有序为方法论,以利益衡量为正当选择,以审判方法和审判作风为重点。同时法院当前的能动司法适宜以中西部和欠发达地区为主要区域,并围绕司法审判这一中心工作展开。能动司法的实践涵盖刑事、民商、行政三大审判和执行工作,并随国家和当地政策大局的变化而丰富其内涵。 There is an essential difference between active judicial and judicial initiatives. Active judicial pays more attention to the artistic nature of judicature and the response to the current judicial needs of the community. Humanitarian culture for thousands of years and the dualistic society formed by the modern Chinese cities and the more backward rural areas have created an unusually slow rate of improvement in the overall legal awareness of the citizens and an imperfect legal system. Therefore, there is an urgent need for courts to pay for the resolution of disputes Great work, not just contentment. This provides the basis for the existence of active justice and the space for its development. It also has some legal, sociological and legal-economic implications for enabling the judiciary. Active judiciary should take judicial justice as the core, legal regulation as the principle, moderation as the orderly method, measurement of interests as the right choice, focusing on trial methods and trial style. At the same time, the current judicial system of courts is suitable for the central and western regions and the less developed regions as the main areas, and focus on the central task of judicial adjudication. The practice of active administration of justice covers criminal, civil, administrative and judicial trials and the implementation of the three major tasks, and changes with the overall national and local policies to enrich its connotation.