Brief Discussion Of Legal Thinking By Judicial

With the developing of our Socialism rule of law, law is influencing our life more comprehensively then ever before. Being the model of the legal identity, the Judicial also gets more voice in this process. At the same time, being some kind of rational way of thinking, the methods of legal thinking adopted by the Judicial have been more and more important under such circumstance. No one will deny that the methods of legal thinking adopted by the Chinese Judicial has been developed substantially, but it still lots of gaps needed to be filled. Owing to those reasons mentioned above, the author chooses the methods of legal thinking adopted by the Judicial as the title of this thesis, by researching which he define the concept of methods of legal thinking adopted by the Judicial, analyzes its status quo and puts forward his won suggestions about how to polish it.There are three parts of this these:Part I mainly focus the methods of legal thinking adopted by the Judicial and its model.In this part, the author argues that to a large extent, the methods of legal thinking adopted by the Judicial should belonged to be one of the subcategories of the rational methods of thinking. Since for decades, China has been famous for irrational way of thinking, resulting in lagging behind those developed countries. More specifically, it is very important to implement rational methods of thinking for constructing a rule of law country.Firstly, judging from the value of methods of legal thinking adopted by the Judicial for individuals, we should enlarge the subject scope to include ordinary person rather than only for those so called legal identity. Besides that, the methods of legal thinking adopted by the Judicial can also do goods for educating the public and helping the subjects technically.Secondly, by comparing those arguments held by various scholars, the author tries to define the concept of methods of legal thinking adopted by the Judicial as follows: the core meaning of methods of legal thinking adopted by the Judicial is the model of the legal subjects, i.e., the Judicial adopts corresponding ways of thinking rationally and by doing which to draw some concrete conclusion by putting facts into law, orientated by justice.The second part talks about the methods of legal thinking adopted by the present Chinese Judicial.After analyzing various schools of thoughts comparatively, the author argues that the core of the subject of methods of legal thinking should be the Judicial, which can be very helpful for the study of disputes resolution.Firstly, the characteristics of methods of legal thinking adopted by the Judicial consists of the supremacy of law, the neutrality of Judicial way of thinking and the technical value of the methods of thinking.Secondly, comparing to prosecutorial branch and the police, the judicial is more negative and more neutral. But contrary to lawyers and legal scholars, the methods of legal thinking adopted by the Judicial are more practical and more powerful.Thirdly, the general principles of the methods of legal thinking adopted by the present Chinese Judicial can be regarded as the following: whenever there is some conflict between different principles, some of them will be more advantaged because of such rule; the judges should not resolve the legal conflicts only according to the legal regulations, but should consider the social circumstance and other factors needed to be considered; as of today, the verdicts and judgments issued by Chinese judges are very simple, which means there is no place for their rationales.The final part of includes the rethinking about the methods of legal thinking adopted by the present Chinese Judicial.By using one famous controversial case decided recently, the author draws a whole picture about the shortcomings of the methods of legal thinking adopted by the present Chinese Judicial. Then he traces back to the principles of methods of thinking, and by analyzing those four pairs of contradicts, the author argues that we should put more emphasis on the procedure rather than substance, put more emphasis on the limitation of the judicial arbitrary, offer more help for the fiction of facts and law and improve the professionalism of the Chinese Judicial.Now, the developing level of the democracy, the modernization level of the legal system and the professional level of the judicial branch can be seen as those factors can do a lot of influence on the methods of legal thinking adopted by the present Chinese Judicial.So in the end, the author puts forward his own suggestion about how to improve the methods of legal thinking adopted by the present Chinese Judicial. On one hand, we should improve the democracy in China, construct a more transparency media and call for the independence of judges. On the other hand, we should reform the formation of the verdicts and judgments, which is to say to add the rationales of the judges into it, by doing which we can let others know the methods of legal thinking adopted by the present Chinese Judicial, at the same time the public can have the opportunities to argue about it.