最近两年来某些地方法院为解决“执行难”问题而进行的大胆尝试——主动执行,可以说是对以往被动司法、被动执行的司法原则和司法理念的直接挑战,在理论界与实务界引起不少争议。通过探讨表明,主动执行有其法理上的正当性与现实的必要性。 Some local courts over the past two years to solve the “difficult implementation” of the bold attempt to take the initiative to implement, can be said that the past, the passive judicial implementation of the judicial principles and judicial concept of the direct challenge in the theoretical community and Practice has caused a lot of controversy. Through the discussion, it shows that it is necessary to take the initiative to carry out its legal legitimacy and reality.