司法干预作为司法能动的一种方式,近年来越来越受到学者的关注,是否应当进行以及如何进行司法干预,这些都与司法实践密切相关。诚然,程序公正是实现民事诉讼目的的重要途径,然而程序正义并不必然导致当事人实体权利的实现,因而法官作为司法能动主义者,就需要对当事人进行合理的干预,通过行使阐明权、依职权调查取证以及引导“诉调对接”等途径来平衡双方的利益关系。 Judicial intervention, as a way of judicatory initiative, has drawn more and more attention from scholars in recent years, whether it should be carried out and how to intervene in the judiciary, all of which are closely related to judicial practice. It is true that procedural justice is an important way to achieve the purpose of civil litigation. However, procedural justice does not necessarily lead to the realization of the substantive rights of the parties. Therefore, judges, as judicial activists, need to intervene rationally for the parties, exercise their right of clarification and ex officio Investigation and evidence collection and guide “appeal transfer” and other ways to balance the interests of both parties.