On Pragmatic Tiral

Pragmatism is produced in the USA local schools of philosophy, its emergence anddevelopment has a profound social and cultural background. Pragmatism initially proposed inthe philosophical level, it is inherited from the ancient Greek "philosophy of change",traditional humanism, naturalism and scientific rationalism and the rise of pragmatismphilosophy emphasizes, is an understanding of experience, it emphasizes the importance ofexperience, and with experience and belief to the pursuit of a practical results. When thephilosophy of pragmatism reference to applicable law problems, produced a study onpragmatic trial. This paper takes the philosophy of pragmatism as the starting point, havingsummarized the pragmatism philosophy in USA, Europe and Chinese Confucianismviewpoints, then this philosophy extended to the influence on the legal, summarizes the mainideas of Pragmatism Jurisprudence, and finally the theory is applied to the practice of judicial,put forward judicial pragmatism combined with the practical application, and American, aswell as the existing problems in Chinese judicial, proposed in the Chinese use pragmatic trial.Trial discussion on pragmatism, is in fact the true meaning of transfer pragmatism, provide apath analysis of the problem, rather than give a problem solving model. The theory andresearch of pragmatism is keen to inject fresh blood in the judicial practice, which can giveour judicial brought a new dynamic force. The use of pragmatism is currently just had its"shape", and not the "God", we on the pragmatic trial is to obtain the nature of its connotationin the use of judicial pragmatism, absorb its essence, break the old trial mode, opening a newidea, also is a good try. The significance of this paper hand is to deepen their understanding ofthe theory of pragmatism seriously, promote legal theory study and exchange in thetheoretical level, let the law and philosophy together, more to deepen the theory basement ofit; on the other hand, the application of the theory and the practice, a critical absorption in theanalysis of practical meaning the trial, no matter how many this theory is reasonable orunreasonable, it is important to provide a perspective of thinking to us, one can contact ourjudicial practice, this kind of open thinking is worthy of our study.This paper is divided into three parts, the first is an overview of judicial pragmatism, tostudy pragmatic trial must start from the root of it, so this part of the content from the philosophical basis of pragmatism began, and then extended to the pragmatism in the legalapplication, the steering handle philosophical content reference to the law, to proposepragmatic trial mode is in the field of change, and then put forward the pragmatic trial thiscentral theme, and research from the concept, characteristic, principle. The second is tointroduce the judicial pragmatism in American performance. We know, pragmatism proposedin the USA, so it hsd a long history in the USA, used in America also most fully, this part ofthe study, for the next analysis of the reference in the Chinese, is a practice example cited.Once again our judicial trial in the problem and apply pragmatic trial opportunity, this part isdivided into two parts, the first small part, introduced China’s current problems in justice, forthe introduction of a new theory we should not only found the merits of it, also need to knowthe application of this theory what will be the improvement of our current situation, so it isnecessary to study the problem; second small part is the analysis of the reality of the presentChina’s application of pragmatic trial conditions for the existence of the rule of law in China,in the continuous development, and therefore put forward countermeasures for the developingroad of the law in the future judicial pragmatism thought, just as these legal countermeasuresthere is common ground, which is more convenient for our country to draw lessons from thepragmatic trial mode, trial also showed that pragmatism is the basis for application in ourcountry. The last part is the Enlightenment of pragmatic trial, has great reference significancefor the realization of the rule of law Chinese target, of course, no matter how much of theadvantages and disadvantages of pragmatism, we are a critical absorption, it is important toprovide a way of thinking questions, one can contact our point of view of judicial practice.