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1、论法官的法律思维特性（On the legal thinking characteristics of judges）On the legal thinking characteristics of judgesLv Zhongmei, Professor of Zhongnan University of Economics and LawFor judges, they should have different ways of thinking than those of other legal professionals. The judge thinking is the uniqu
2、e judge occupation skill premise, is the supplement judge occupation autonomy or autonomy, is the judge that occupation ethics inheritance, is the judge qualification examination subjects, is the necessary quality of the title of the judge.The judges occupation of rational thinking, autonomy as the
3、consciousness, idea or attitude, which is the freedom of thought, the rational thinking characteristics is obtained by the professional training, so it is not only very special, but is different from other provisions of the internal quality of occupation. The law thinking is summarized as five kinds
4、: the use of legal terminology, observation, thinking and judgment; thinking through the program, according to the past to see the habit, much more safe or conservative; pay attention to logical, cautious emotional factors; only the pursuit of the program it is different from the scientific truth in
5、 judgment; the conclusion is always different from the political thinking either this or that, the trade-off characteristics. Some scholars have summed up the thinking of jurists as independent thinking, conservative thinking and respect for law thinking in three aspects. I thought the dead judge ch
6、aracteristics at least from the following aspects:I. transformative thinkingThe transformation characteristic of judge thinking comes from the special status and function of judicature. Judicature has the special position of balancer in the political and social system; or, as a basic fulcrum of main
7、taining social order, judicial plays the function of reproduction. This function focuses on the courts and their litigation and judicial activities as the center of the judicial system. Society happens in almost any kind of contradictions and disputes, despite the variety of decisions still cannot b
8、e solved and contains risk have a significant impact to the stability of the political and social system, can eventually be absorbed by litigation, trial or neutralization. In any other decision, litigation and trial may become the object of their trial, and the judgment of the end is no longer subj
9、ect to any review, which is final in the sense of finality. Through litigation, trial, despite the controversy or conflict itself may not be really solved, but because the judicial power has such as general problem into individual problems, the value problem into the problems such as special propert
10、ies and methods, due to the occurrence of disputes or conflicts and may bring significant impact to the social and political system legitimacy has been disperse or relieve.Because of the function of justice or litigation, it requires that the thinking of judges be transformed, and each judge must ma
11、ster the skills and skills of transformation. Transformational thinking, of course, requires the judge to observe, think and judge in legal terms. They are asked whether they come from any place, whether concrete or abstract, ambitious or trivial, to translate French and French into legal questions.
12、 Even the difficult questions of political economy and social transformation, it is entirely possible to make it into a clear relationship between rights and obligations to deal with the dead to become legal issues before the court.The legal activity is less affected by the fluctuation of drastic ch
13、anges in social life, and is restricted by legal discourse practice within the group, even if there is a change in the law, the existing knowledge and practice of traditional inheritance will also make laws and legal activities to maintain the continuity of considerable. Do not know how to use legal
14、 terminology is not to judge, so the judge should first learn to think in the legal term, legal issues, will learn all kinds of social problems and religious issues and political issues into legal terms or concepts of expression, and in accordance with the laws of logic judgment.Two, balanced thinki
15、ngBalancing all kinds of contradictions and conflicts of interest, maintaining all kinds of interests within the framework of the legal order, and ensuring security is one of the basic values of justice and an important characteristic of the judges thinking. In order to ensure the safety of the peop
16、le and property of all members of the society, their energies are not consumed by too much worry about self-protection. As for disputes and conflicts between individuals and societies, or between individuals and individuals, legal norms are provided with means of peaceful settlement. In a variety of standard systems, the rules of law merely provide for a certain limit, and individuals or groups of conflicting interests must not exceed
