The Reflect On Active Justice

During the social transitional period, social contradictions rise sharply. Limited judicial system in our country is facing the plight of "litigation explosion". The global financial crisis spread to China in 2008 simultaneously. In order to deal with these problems, the Supreme People’s Court proposed the " active justice " in 2009. It once was the most impressive words in the law. The academic law and the practical law argued fiercely, there was no consensus. Although the argument about "active justice " gradually tend to be quiet, but" active justice " should not be on the shelf. We need to reflect The rule of law in China is still in the preliminary stage, it is not suitable for active justice. However can active justice be positive to the our country at the methodological level? So it is necessary for us to reflect active justice.This paper is divided into four parts. The first part of this paper compares active justice with judicial activism. Through contrast, we come to the conclusion that there are essential differences between the two.The second part describes the theoretical predicaments and the current realistic predicaments. The third part is the focus of this article. The author tries to analyze the predicaments of active justice. A conclusion is drawn that active justice is not for China as judicial principle. In order to solve the problem of the "litigation explosion", active justice is suitable at the methodological level.Finally the fourth part tries to discuss the selection of our judicial principle. The author thinks that the judicial restraint is more appropriate.