Reflections On The Justice Center Of Legal Realism

Legal Realism was a famous legal faction which emerged in the early 20th century. Its appearance broke the traditional legal concepts and impacted the legal system of America even the world. Especially it did a new and profound research in judges and the relationship between judges and judicial. And then, it put forward a series of problems in theory and practice, including a judge for the judicial center of legal theory, the legal uncertainty, the judge in the judicial position, the judge's discretion and the judge's personality on the justice.At present, the center of the judges in our country is still a relatively new theoretical issues. This article has a detailed description and analysis for its concept, elements, external form and internal core elements. Through the interpretation of the center of the judge, we clearly understand the status and role of the judges in judicial, the exercise and control of the judge's discretion, the impaction of the judge personality factors to the administration of justice, the control mechanism of the building, and so on. It clearly points that improving the status of judges in the judicial has an important strategic position on the progress of the rule of law, the achievement of the rule of law and building a socialist rule of law and culture. It stresses the importance and urgency of highlighting the importance of judges.This text analyzes and summarizes the main problems and shortcomings of the current concepts of our legal systems and judges. The problems and shortcomings includes embarrassing the status of judges, on the role of judges in the judicial insufficient attention, the relationship between the judge personality and judicial being understanding, judge's quality needing to be improved, the judge selection being not perfect, the slowing progress of institution reform, and so on. In this regard, I propose we should reform the judicial system in our country. We should guide as the socialist concept of law, lead as the socialist core value system, adhere to the historical, innovation and development, base on local, reform the judicial instance system, establish an advanced mechanism for the selection of judges and for the regulation of discretion, construct the judge member professional community and enhance professional ethics of judges. I hope establish a more rational and efficient judge system and in this way, it can benefit for the judicial reform and the construction of the modern judicial system. All of these are the value of this writing.