Discuss On Realizing Judicial Justice

Judicial justice is the tenet of the people' s court, insisting on judicial justice, building up legal authority is the kernel and spirit for ruling the country in accordance with law. It is the issue worth for study, how to insist on the legal principle, while guaranting to realize the judicial justice and the social right. By legal methodology, this text is on the study of the issue. Legal method is one of the new fields that the scholars begin to study inside the country in recent years. Commonly the legal method consists of the legal discovery, legal reasoning, legal explain, value scale, hole makeup and legal discussing method. In time being, many kinds of new-style legal relations are rushing constantly, the possibility of legal hole is more likely arising.In the face of legal hole, because the judge can not refuse judgment, that they should find the basis to judge the case applicable to the legal method, so that to realize the legal justice. The legal basis applicable to legal discovery for the judge is the jurisdiction.The legal reasoning is a kind of the logic thinking activity to provide the warrant for the legal application. Formally it can be divided in two kinds as the formal legal reasoning and the actual legal reasoning. The value concept reflected on formal legal reasoning is the law, while reflected on the actual...