Jhering’s Legal Emotion Theory And Its Enlightenment To China’s Judicial Adjudication

The term "legal emotion" has been widely discussed by people for a long time.It has experienced heated discussion to the stagnation of the theory.Until now,it has been gradually marginalized.The reason is that its connotation has not been determined and clarified,and it is an extremely vague concept,which is often confused with words such as legal consciousness and legal psychology.The theory of legal emotion first rose in German scholars represented by published relevant theoretical research on the legal emotion.Although German scholars known for his preciseness,they failed to give a clear definition of legal emotion.However,with the progress of the times,some legal practice problems have encountered bottlenecks,especially problems such as public opinion,which can not be properly solved by theories such as pure rational law or dogmatic of law.The increase number of cases in recent years has aroused extensive discussion among the masses,especially the problem of public opinion and public opinion focusing on judicial adjudication.Based on the special contribution of Jhering’s legal emotion theory,this paper systematically combs the legal emotion theory,so as to enlighten the public opinion in China’s judicial adjudication,and then discusses the enlightenment of this theory to China’s judicial adjudication.The main body of this paper is divided into four parts.The first part starts with the overview of legal emotion theory,and expounds the basic theory of legal emotion from the perspectives of semantic interpretation,development context and theoretical origin.The second part systematically combs the German scholar Jhering’s legal emotion theory,mainly the subjective illegal theory of Jhering’s legal emotion,and makes a further interpretation of the legal emotion theory.The third part,based on Jhering’s theory of legal emotion,discusses the performance and function mechanism of legal emotion in judicial judgment,and analyzes the reflection and enlightenment of this theory on the related problems of judicial judgment and the concept of judicial judgment in our country.The fifth part attempts to use the theory of legal emotion for us,and explore the application of the localization of legal emotion and the improvement of the system in judicial adjudication.