Discussion Of Legal Thinking By Judge

There is close connection between Judicial justice and judges’ legal thinking. Justicedoes not deny the judicial discretion exists, but justice must according to the spirit of the law,legal value idea must apply to the law. If lack of the legal thinking ability, the same laws mayhave different consequences, the same problems do not get the same treatment, justice cannotbe achieved. Although in many complex factors, judge’s legal thinking is not the sufficientcondition of realizing judicial justice, but the judge’s legal thinking is one of the necessaryconditions to realize judicial justice. In pursuit of advocating justice today, the realization ofthe rule of law depends on the judicial process of monocracy, the legal thinking is veryimportant.Although the research of judge’s legal thinking is not a new problem in theory andpractice. But overall, in real life,the phenomenon of" the same case reach has different trialresults everywhere". In the face of judicial torture, investigating its reason of each judge legalthinking theory is different. The judge thinking complexity and strive to maintain theuniformity of law, the judges are doomed to form a unified legal occupation thinking. Thecorrect exercise of judges’ legal thinking is very important.It has practical significance, onlythis can maintain judicial justice and judicial authority, ruling the country by law can berealized. It is based on this point, this paper attempts to discuss the judges in the judicialprocess is the rational thinking of science and technology activities, is a judge occupationconstruction inner core content, but also the rule of law in the society ’s important guarantee,and strive for the further exploration and improve the legal thinking to seek efficient way.The full text is divided into five parts:The first part, through to the judicial practice in the dispute case of reflection, putforward the legal thinking on the significance of realizing judicial justice. And a brief analysisof the domestic and international research situation and significance of the research.The second part, from the thinking of the judge ’s basic concept, discussing the judges ofthe legal thinking features and elements, as discussed below under a general theoreticalstructure. The third part, from the judicial justice and judge the relation proceed with legal thinking,this paper discusses the realization of judicial justice needs the legal thinking.The fourth part, analysis of the current Chinese judges’ legal thinking problems, andstrive to provide solutions to provide reference.The fifth part, according to the actual situation of Chinese judge, puting forward thethinking of the judge ’s transformation and system perfect, in order to play a role in process ofjudicial reform.