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为回应社会形势需要,由最高司法机关主导的能动司法正在全面推进。由于中国相对缺乏西方国家所具备的司法环境,能动司法可能会带来一些负面影响。针对可能存在的权力滥用、司法权威受损等问题,对能动司法进行程序规制,保持适度能动并与司法职业化相结合是可行的路径选择,这有利于促进能动司法的规范化,保障司法的权威,推动法治的进程。
To respond to the needs of the social situation, the motivated justice led by the supreme judicial organs is being promoted in an all-round way. Due to the relative lack of the judicial environment in Western countries, the active judicial system may have some negative effects. In view of the possible abuse of power and the impairment of judicial authority, it is feasible to regulate the procedural regulation of the active judicial system, to be moderately motivated and to integrate it with the professionalism of the judiciary, which is conducive to promoting the standardization of active judicial and safeguarding the authority of the judiciary , To promote the rule of law process.