Realism Law as a legal genre or a tide of law，It has an important impact on domestic and foreign legal theory and legal practice。Current，Socialist legal system with Chinese characteristics has been formed。In the context of comprehensively governing the country in accordance with the law，We should conduct objective evaluations in response to realism law，Picking its nutrients，in order to better serve my country's legal theoretical research and legal practice。

　　Bet365 lotto review

The contention of the academic world around realist law is mainly concentrated on the following three issues。

First, realism law is a law school、Law Scholarship，Still a method。In the early years of Shen Zongling、Lu Shilun、Zhou Hanhua and others think，Realism Law is a legal genre。For example, "China Encyclopedia · Law of Law" wrote，"Realism Law is one of the law schools in the 20th century in the 20th century，named after emphasizing the "reality 'attitude that emphasizes the law"。Shen Zongling in his later years、Zhang Naigen、Duan Haifeng and Fu Chibin believe，Realism Law is a trend of law or a legal ideological system。For example, "Yuanzhao British and American Law Dictionary" defines legal realism (realist law) as a rigidity or legal movement。Zhang Wenxian、Xu Aiguo, etc., think，Realism Law is a method of analyzing problems。

The second is what are the representatives of realist law。Chinese scholars are discussing realism of law，Generally mentioned that its representatives Frank and Lulein，But which scholars are included bet365 best casino games in addition to this，There seems to be no conclusion。Shen Zongling thinks，In terms of group members in realist law，The main representatives are Frank、Lulein、Moore and Olivat and others。Zhang Wenxian thinks，The main characters in realistic law are Frank、Lu Elin, etc.。Zhou Hanhua thinks，The most important representatives of legal realism are Lulein and Frank，He has no direct discussion about other members，But from his introduction of legal realism，It seems that the members of the group also include Cobin、Holfield and Cock, etc.。

Third, what theoretical claims are there in realist law。Shen Zongling thinks，The common point of the realist law is to degrade and degrade and deny the legal specifications，Proposal law is the behavior of the judge or other officials dealing with the case or the prediction of the behavior。Zhang Wenxian thinks，It can summarize the theoretical claims of realism law as: (1) is empirical、The combination of sociological research and psychology research;。Zhou Hanhua distinguishes the realist legal movement and realism of law，The basic claims of the realist legal movement include the instrumental nature of the law、Relators of value、The initiative of justice and the rationality of the administrative power。Except the above point of view，The academic community also exists in the different induction of realist law theory。For example，It is believed that realist law is based on practical philosophy and psychoanalysis、Behavioral psychology as the basis of ideology，The claim method is uncertain，Fa is the behavior of the judge or official or the prediction of its behavior。

　　Objectively evaluating the timing of realism law has matured 

In the early 1980s，Realism Law as a law of law was introduced to our country。Shen Zongling explained the main views of Lulein and Frank in "Modern Western Law Confucianism"，Affected by more than one generation's cognition of realism law。But objectively speaking，At that time, the impact of realism law on Chinese law research and legal practice was limited，This is closely related to the background of the times。

At that time，my country is facing the predicament of legislation，"You can be based on the law" is the main task of the rule of law during this period。One of the perspectives of realistic law is to criticize legal rules，Think that legal rules are not the center of legal research。Perhaps worrying that this view is suspected of negating the rule of law，The academic circles at that time did not favor realistic law。Now，my country's legal norm system is becoming increasingly complete，But when the legal rules and legal practice are disconnected from time to time, it occurs，The social effects of the law have received more attention，Able to put forward higher requirements for the application of the law。So，We can re -evaluate and understand realism of law。

First，Realism Law is closely related to the development of contemporary law。Although Hart has proposed a strong criticism of realist law in the Concept of Law，But the American scholar Leit believes that Hart's interpretation is a problem。Realism Law and the mainstream legal economic analysis movement in the United States，Some scholars even think that the legal economic analysis movement is a branch of realism law。Devkin's "only positive solution" view，It also has a lot of relationships with bet365 Play online games the "only positive solution" proposition proposed by Lu Yilin in 1960。"New Realist Law" proposed by McCawni，It has developed on the basis of inheritance of practicalism，Increased influence day。

Next，Realism Law advocates cross -disciplinary cross -disciplinary research。Realism Law attempts to integrate the content and research methods of social sciences in law research，The pioneer of cross -disciplinary interdisciplinary research。For example，Moore used statistical and sociological methods to conduct empirical investigations on bank collection and parking problems，Very wide attention from the academic world。Douglas conducted an empirical survey of bankruptcy practice in New Jersey and Massachusetts in the United States during the same period，Its papers and research reports have an important impact on the reform of the US bankruptcy law。"The Method of Xia An People" co -authored by Lu Yilin and Hobel has become a classic of the research of cross -disciplinary research of law and anthropology。Frank's "Law and Modern Spirit" achieved great achievements in the integration of law and psychology。

again，Realism Law created a tradition of the study of fusion law and department law。An important feature of realist law is that it integrates the study of jurisprudence and departmental law。This feature has a clear manifestation in realistic legal scholars。For example，Lu Elin is not only a master in the field of business law，As the main reportor，And a jurisprudence -the "Thorns Cong" and "General Law Tradition" he wrote have become classic works of jurisprudence。Green is not only an expert in infringement，Published that the infringement method that has been cited bet365 live casino games so far "Near the Principles"，It is also a jurisprudence，His research on judges and jurors from the perspective of infringement law still has reading value。

Last，Realism Law Focus and Emphasize the Fa in Reality。Realism Law is initiated by a group of scholars and lawyers with legal practice experience，Reflection on the theory of orthodox law in the past。They are opposed to using legal rules as the center of research、equivalent legal rules with legal reality。They to the judge、Government officials、Lawyer、Observation of the behavior of the parties and their interaction，Reveal the factors of legal skills and influence ruling，and promoted the reform of legal education。Realism Law emphasizes the practicality of the law and the law in reality，Its purpose is to improve the predictability of the law，instead of negating the role of legal rules，This is still inspired by us today。

　　Limitation and Deadialness of Realism Law

When we evaluate realism law，You must see its advantages，You must also see its limitations and deficiencies。

First，It emphasizes factors outside of legal rules，The important role played by the legal rules itself。Although not all realistic legal scholars denied the role of the rules，But some scholars think that the emphasis on legal rules is "text worship"。But，A sound legal rules system is an important prerequisite for the society of rule of law。Although there is fuzzy in the legal rules、lag and other features，But the role of people's foresee behavior and reasonable planning social affairs cannot be denied。If we emphasize the factors outside the law、Decisure the role of legal rules，Not only is it not conducive to shaping the citizen's law -abiding consciousness，Bet365 app download And it will cause people。

2，Realism Law emphasizes the revealing of the facts，and ignore the role of legal value。Different from traditional jurisprudence and traditional jurisprudence，They are more concerned about the real level of the law，and do not care about it。For example，Lu Elin thinks，To observe the facts，To make an objective description of the facts。How can it be objectively described? From the opinion of Luolin，To achieve an objective description，Observations need to be observed without the subjective value preferences that observers need to be observed，Otherwise, it will affect its judgment of facts。Therefore Lu Erin advocates that "yes" and "should" temporarily separate，It is believed that this is a realist law that is different from traditional law theory。But in fact，The choice of specific facts or methods in itself is a valuable tendency。So，American jurist Fuller criticized the role of ignoring the value of realism and law。

third，Realism Law is too much emphasized by the judge's free tailoring。In any social rule of law，The judge's free tailoring rights are more or less exist。But，Some realist law scholars are too exaggerated to create the right to create laws，I believe that certain psychological activities of the judge can affect the results of the judgment，The personal background or experience of the judge plays a decisive role in the case ruling，I even think that the judgment of the judge is accidental，This is easy to fall into unknown theory。Although this may be the case in some cases of ordinary law countries，but it is not the truth of traffic，Not applicable to my country。Although our judges will exercise free tailoring，But the bet365 best casino games exercise of this power must not only be restricted by the collegiate panel and the trial committee，And being supervised by external institutions such as procuratorial organs。So，Chinese judges exercise their referee rights as randomly as they declared in the law。

　　(Author unit: Tianjin University Cultural Law and Cultural Law Research Center)