Judicial Equality Paradox

This article devotes to "Sociological Justice" of Black, carring on abrief analysis and discussion, unifies the truth in our country andanalyses the solution for the unequal justice which proposed in thebook, which could be applicable in the our country.Black is the Pure Sociology founder in America, he devotes to theresearch of the behavior of law in social way, summarizes an entire set oflegal movement theory, and applies this theory method in the justicialresearch area. The Pure Sociological core is the case geometryarrangement, or with the word in "Sociological Justice" said is the casesocial structure. He approximately describes the Pure Sociology in thebook in the legal practice and theory aspect of some concreteapplications, and elaborates how forecasts the case's processing resultthrough research the case's social structure. He believes that, the socialinformation involves in the law's behavior could cause "thediscrimination"of the case. Who has a complaint against whom; Whosupports each side; Who decides the result; The social elevation of eachparty,the social distance between them, whether they are individual orcorporate beings, and so on, these social information may forecast andexplain the variation in the quantity of law which could influence thecase's processes.The quantity of law increases along with somesituations occurrences,such as call to the police, the arrest, theprosecution,a victory in court as well as relatively severe penalty incourt or other compensation and so on. The quantity of law increasingmeant that the legal action to point against defendant increase, alsomeant that the quantity of legal control to point against the defendantincrease. Therefore, the law in book can not be able to explain the casetreating processes and the result, the case destiny is decided by the casegeometry arrangement. The law varies with the case's socialstructure, and it meant that equality in front of the law doesn't exist in thepractical life. Black analyzes the reason which cause the unequal in justice, and writes the prescription for the elimination of unequal injustice.This article attempts to explore a brief summary with Black's legalsociology theory basing on comprehending "Sociological Justice", andreconsider the justice practice in our country from his angle. In ourcountry,it also appears "the discrimination" as Black said, and the reasonis approximately same as which Black said.But the solutions of Blacksaid are only partially suitable for the judicial domain in our countyconsidering the genuine condition. This article screens the methodsuiting for the judicial practice in our country, expects to be helpful forthe rule of law.The full text has total 28000 characters, composed of theintroduction, the main text and the conclusion.The introduction analyses the importance of law in judicialpractice, and explains the mean of the law, unequality, the behavior oflaw and "the discrimination"in view of Black. The main text constitutesby three parts: The first part introduces the academic origin for"Sociological Justice". The academic origins for the analysis of case arelegal forecast theory of Holmes and legal behavior of Black.The secondpart is the content of "Sociological Justice". Black analyzes the socialstructure in each case, discovers the reason that to arouse "thediscrimination", and provides the solution for the elimination ofunequality. The third part emphasizes the practical significance of"Sociological Justice". In our country,it also appears "thediscrimination" as Black said,and his certain solutions may suit for thejudicial domain in our country. The conclusion sums up the wholearticle.