Enlightenment of American Legal Realism to Chinese Legal System Building

American legal realism is the reaction and rectification to the legal formalism in America.Through historic method,comparative method and semantic analysis method,this paper conclusions that legal realism made timely response to the problems exposed along with the rapid development of American society,all the legal realism's criticism to the legal formalism can be generalized as the doubt about the legal certainty,and the focus is that legal realists knews clearly the influence of human factor in the judicial procedure,that is,the judges's discretion which embodies the new and more authentic legal certainty.When the law rules in our country have been more and more consummated,our legal system building should be advanced to the next step in light of the view of American Legal Realist Movement to pay more attention to human factor and reinforce the development of the legal community.