Research On Legal Application Of Civil Cases

This article studies a problem that when the conflict of civil lawsoccurs how the judges choose rightLegal provisions for a certain case inthe civil judicial practice.The amount of civil lawsincreasequicklyandmany of them are simple and rough, at the same time the conflict of civil laws in cases isincreasingly complex, the judges face with kind of these problems every day.In this Article, I find anddiscuss about somecommon problems in the applications of civil laws, try to find the applicable methodsthat have practical significance and alsounder the theoretical guidance of application of laws.I divided thecommon problems of the applications of civil laws in cases into two categories the first one is about theproblem of the theory of the applications of civil lawswhich were found in the practice of civil cases, suchas some legal concepts and methods of applications of civil lawsinvolved. By means of interpreting thebasic theories of the applications of laws, I combined the logic steps of applications of civil laws，themethod of legal interpretation, and laws rank, etc. Aiming to identify practical significance in thetheoretical framework of civil case law,I apply method to construct and analysis the conflict of laws, andapply to the standardization of the problem, the system of legal thinking method; Anotherproblem is, inaccordance with the basic theory of application of laws, China’s civil law conflict are divided into twocases-the different ranks of the civil legal norms " conflict", the same rank civil law "inconsistent". Fordifferent ranks of the civil conflict of laws, application of laws to this problem, this paper discusses theeffectiveness of the legal norms of the conflict with the host wears counterpoint whether to automaticallyeliminate the problem, and how the court in such a case apply the law to keep the right to avoidunauthorized.To solve the problem of the application of the law in the the same rank civil law conflict,logical steps and in accordance with the law applicable to the general rule, analysis exercises the samerank civil legal norms conflict of law applicable method. The judge should exercise to choose the rightrules to apply in accordance with the law applicable standardized, systematic way of thinking, that isinvolved in the nature of legal norms.The legal effect level, as well as the practice of the legal effect of theangle for a comprehensive analysis of the research stage of the choice of law applicable in the legal and inaccordance with the law applicable the reasons for judgment instead of simply calling the shots to solveapplication of judgment by the referee. The general rule in order to limit the expansion of the judge`sdiscretion, in the cases about civil conflicts of laws. In the end, this paper presents the effectiveness of theSupreme Court legal documents cause in civil judicial practice, judges have the right to choose wether toapply a certain rule,I also make some recommendations to legislationabout civil laws.