Abstract：The persistent prosperity of tragedy as a literary form could be partly attributed to the fact that the spirit of tragedy has a positive meaning in terms of human survival philosophy .The tragic spirit does not point to pessimism,instead to transcending the will and helping one to surmount the limit and achieve the infinite on the aesthetic level .One effective way to illustrate this point is exploring the tragic spirit from the perspective of justice theory .Firstly,in terms of the occurrence of tragedy,the writers recognize the objective existence of the pluralism of justice and debate between justices,and they demonstrate these in the form of tragedy;secondly,in terms of the form of tragedy,irrational characteristics were embodied in the pursuit of justice and self-surmount and were manifested in the form of tragic Bacchus;and finally,in terms of the aesthetic effect,tragedy is the conscious reflection of justice,which aims at constructing the universal standards of justice and an impartial social order .Human being is actually a contradictory existence between rationality and emotionality,and life is the eternal battlefield of Apollo and Dionysus .The tragic spirit entailed in the justice theory reflects this complexity,and it admonishes us to be dialectical and comprehensive when thinking about the tragic issues related to justice . The first innovation of this article is its novel perspective .In the past,the tragedy spirit was mostly discussed from the view of humanism .This article,however,starts from the relationship between western tragedy spirit and human justice and thus enables a natural but logical discussion .This provides both an excellent academic vision and a new methodology to understand the relationship between tragedy and justice .The second innovation lies in the level of axiology . This article combines the western tragedy production and rational reflection and proposes,in the horizon of human ontology,that tragedy spirit and its embodied enterprising forces have been driving the evolution of justice .The tragic spirit is a type of transcendent thinking,by which the finite human life could achieve infinity by means of noble virtues .The existential inspiration we could derive therefrom is that one could die,but he could never be defeated .The third innovation is the structure . The justice theory of the tragedy spirit is addressed from three respects,namely the occurrence theory,the form theory and the effect theory,corresponding respectively to its origin,procedure and result . This article mainly uses the methodology of documentary research,supplemented by the methodologies of comparative research,history and cultural research,systematic research,etc . It conducts a comprehensive survey on the history and current status of tragedy and justice and demonstrates their internal relationship .Of course,the tragedy and justice issue itself involves literature,history,politics,philosophy and other academic fields,and its inherent speculative relationship is complicated .Owning to the author's constraints of knowledge and capacity,this article dose not probe into the relationship between the aspects of art and philosophy in tragic spirit .This needs to be addressed by further studies .