Theory Of Legal Principle Of Judicial Application

Legal principle theory has been the important field in the study of theory of law, legalprinciple is known as dancing elf between law and social value. American famous juristscreated a precedent in the theoretical research, has the extremely prominent researchresults. Most domestic scholars under the influence of the theory, argues that the rule oflaw, legal principle model of dualistic theory study on jurisprudence theory and based onthis. With the continuous development of social economy and legal system graduallyperfect in our country, also emerged many new legal phenomenon at the same time, peopleexpect of judicial decision is becoming more and more high, when individual cases appearblank area of the rule of law or conflict between the rule of law itself, which requiresjudges to a certain extent, the exercise of discretion to reasonable applicable law principleto judge the case. This article selects the legal principles of judicial application is discussed,the purpose is to construct relevant legal system and the standard of the judicial referee’sjurisprudence theory support, in order to solve the difficult problems in judicial practice.In addition to the introduction and conclusion section, this article, the body is dividedinto four parts.The first part is an overview of the main legal principles theory. In this section, theauthor introduces the meaning of the principles of law, the legal principles of classificationand by presenting the analysis of the problem, the blank and rigid legal rules applicableexplanations and thus proposed applicable legal principles judicial try.The second part is to demonstrate the principles of law applicable regulation. Legalprinciples applicable conditions in this part, I as a starting point, then proceeded to describethe applicable legal principles, and finally leads to the legal principles applicablerestrictions.The third part of the analysis of the practice of the legal principles set forth, pointedout that the legal principle of two modes: the rational mode and optimize mode. Author bythe conflict leads to the legal principles applicable to the application of analysis of the legalprinciples in the administration of justice.The fourth part is concluded, through the analysis of specific legal principles andtyped, put forward some basic ideas on how to improve the legal principles applicable. Itsmain purpose is to better play the role of the legal principles in the judicial practice so as tosolve the problems in the judicial practice.