遵循先例作为普通法系各国共同的基本规则,在英美两国司法过程中却存在差异。在贯彻先例规则时,英国的法官更注重形式推理,司法过程呈现明显的克制性与统一性;而美国的法官更注重实质推理,强调能动司法,司法过程具有明显的灵活性,并呈现出动态的发展模式。两国司法风格的差异根植于两国的文化之中。中国的法官现阶段应秉持司法能动的理念,但应当是司法克制下的司法能动,以衡平法律秩序与社会正义的内在冲突。 Following the precedent as the common basic rule of common law countries, there are differences in the judicial process between Britain and the United States. In carrying out the precedent rules, British judges pay more attention to formal reasoning, and the judicatory process shows obvious restraint and unity. However, the judges in the United States pay more attention to substantive reasoning, and emphasize the obvious flexibility of active judicial and judicial process and show the dynamic The development model. The differences between the judicial styles of the two countries are rooted in the cultures of the two countries. Judges in China should uphold the concept of judicial motivation at the present stage, but they should be judicially motivated under the judicial restraint to balance the inherent conflict between legal order and social justice.