司法能动主义是法治建设发展到一定阶段后司法理念的基本延伸,而不是对司法理念的背叛和超越。这和我国目前所倡导具有明显口号性、社会应急性、政治任务性和意识形态性的能动司法主张及经验明显不同。如何规范地理解、运用能动司法,一是不适宜从理念高度探讨能动司法,应坚持司法的法治理念;二是应设法通过法律方法和技术,节制、规范能动司法活动,促使能动司法不违背法治理念。 Judicial activism is the basic extension of the concept of justice after the development of the rule of law to a certain stage, rather than the betrayal and surpassing of the concept of justice. This is obviously different from the active judicial opinions and experiences advocated by our country that have obvious slogan, social emergency, political mission and ideology. How to standardize the understanding and application of active justice? First, it is not appropriate to explore the concept of active justice from the perspective of philosophy, and should uphold the concept of the rule of law in the judiciary. Second, we should try our best to control and regulate the judicial activities through law and methods, idea.