伴随着市场经济的发展,社会利益格局正在发生剧烈的变化。这一变化过程与制度变迁相伴随。社会转型时期的司法者应当以一种回应型司法的理念,扮演更为积极、能动的司法者角色。我国法院长期以来有许许多多的措施都因应了回应型司法的理念,然而唯有透过个案的法官裁量权行使此一种方式最为契合。回应型司法在我国的树立面临着挑战,为此必须针对性地提出一些解决办法。 With the development of market economy, the pattern of social interest is undergoing drastic changes. This process of change is accompanied by institutional changes. Judicials in the period of social transition should play a more active and active judicial role in the sense of responsive justice. Many measures in our courts have long been responsive to the concept of responsive justice, but the most appropriate way to exercise this is through the discretion of the judges in each case. Response-oriented judicature in our country is facing challenges, for which we must put forward some solutions.