能动司法是近年来在审判实践中的重要理念创新。当下中国能动司法的出场,有两个主要的社会背景,其一便是国际金融危机。“特别是2008年下半年以来,面对国际金融危机的冲击,各级人民法院努力加强司法应对,以能动司法的生动实践,为保增长、保民生、保稳定做出了积极贡献。”①其二就是伴随着中国法制30多年来的发展以及司法的改革,能动司法逐渐从一 Active justice is an important concept innovation in trial practice in recent years. At present, there are two major social backgrounds for China to take part in the administration of justice. One of them is the international financial crisis. “Especially since the second half of 2008, in the face of the impact of the international financial crisis, people’s courts at all levels have made every effort to strengthen the judicial response and have made positive contributions to ensuring the growth, ensuring the people’s livelihood and ensuring stability through the lively judicial practice.” "① The second is that with the development of the Chinese legal system over the past 30 years and the reform of the judiciary, the judicial system has gradually shifted from one