The Principle Of Law Apply To Study In The Judicial Practice In Our Country

Along with our country economic and cultural development,pluralism way of life,the growing emergence of new things and people's legal consciousness gradually strengthened,in the process of judicial practice,there is an unprecedented difficult cases,these cases are not easily according to the rules written to get a very good solution,in this context,a variety of reasons for legal principles come to judge ruled by individual case trial basis,and the significance of legal principles are also get all the attention of the general legal practitioners.In such economic,cultural and political background,how to understand the meaning and function of legal principle,legal principle and the rule of law is how the relationship between the characteristics and defect in the legal principle in the judicial practice,how reasonable the applicable legal principles to the real life of medium can be decided legal principles correctly guiding the key to real case,so the legal principles applicable in the judicial practice in our country has the vital significance.Based on the research scholars at home and abroad are summarized on the legal principle and legal principle in the judicial practice,on the basis of the problem and function,starting from the theoretical concept of legal principles,detailed analyze the legal principle theory,in order to define the scope of the theory of legal principle,to the essence of the legal principles were described in detail;According to the characteristics of the legal principles and the rule of law itself close scrutiny the similarities and differences of legal rules and legal principles,summarizes the four differences between legal principle and the rule of law,that is,on the content,scope,applicable way and actual effect in four aspects;On this basis,combining the characteristics of the cases in judicial practice,this paper discussed the limitations of legal principles in the judicial practice in detail and the reasons,and then sums up the legal principles to apply to the judicial activities of the conditions that must be met.After the above conclusions,this paper combined with the legal principles applicable in real life cases,discusses the legal principles applicable contemplation in judicial activities,the legal principle is summarized in the rules shall be applicable to the socialism under the guidance of thought and the principles of socialism under the guidance of suitable train of thought,and detailed analysis the advantages and limitations of two kinds of suitable train of thought,and the role of legal principles in two kinds of suitable train of thought and meaning.Trial of legal principles in judicial practice,this paper also discusses the principle of the law in the judicial practice in our country the usage of the current situation of legal principles applicable in China,combined with our country economy,cultural background and political policy summarizes situation of application of legal principles in China and the socialist system under the principle of law in the applicable characteristics and get: our country law principles applicable to civil and commercial disputes cases,criminal cases and administrative cases are seldom used;Case type,legal principles applicable cases for new and better more complicated cases;And legal principles applicable in the judicial practice in our country three forms: one is the legal principles of separate use,this also is the legal principle generally used,with the principles of laws and rules,three is the legal principle directly appeared running in the judgment,and connecting with the concrete case analysis of the legal principles in the important meaning in the judicial practice in our country,also from the point of view of the facts to confirm the above conclusions.On legal principles applicable in the judicial practice in our country,the author found that the judge and the court in our country in applying legal principles as a trial basis exists many problems,in order to study the legal principles applicable in the judicial practice in our country and perfect the legal principle of the role and significance in judicial practice in our country,it is necessary for our country law principle to discuss the problems existing in the judicial application,combining with our country law principle of applicable legal principles in China,this article combed the applied problems in the judicial activities,legal principles applicable in our country there are four aspects: 1.The legal principle of judicial application of randomness,2.The legal principles shall be governed by the laws of influence of stability,3.legal principles and rules of law conflict problems,4.The internal contradictions between legal principles;Then this paper puts forward how to perfect the legal principles applicable in the judicial practice in our country,from the perspective of legal principle theory,the first to perfect the legal principle theory in our country,secondly to clear the substance of legal principles,the legal principles to typing,according to the characteristics of the judicial activity in China,in turn,allows the legal principles to better apply to the judicial practice in our country.In addition from the perspective of practice,and put forward the change level of applicable legal principles of case trial method,namely: take back the power of the basic legal principles with the cases handled by the court,courts at the grass-roots level to the rule of law as the main trial means and basis,find the rule of law cannot well explain cases,transfer the case to the higher level of legal institutions;Above intermediate court has the power of the applicable legal principles cases,but at the trial should be strictly,to avoid omissions and legal principles of case details the misreading,give full play to the basic and advanced court duties and functions,and analyzed the cause of such division level of trial and advantage.on the other hand,this paper argues that to perfect the legal principles in the judicial practice in our country legal principles applicable to strictly regulate the use of step,the judge to apply the principle of legal matter strictly abide by the principle of sorting out what first can be applied to the actual case,the second should fully to reasoning and case analysis,the final judge of the legal principles in the judicial application case can give a reasonable explanation.Through the above analysis,this paper come to a conclusion: legal principles applicable problem is fundamentally a manifestation of national legal culture,legal system on the face of change is very easy,but hidden under the system of legal concept and fundamental values,needs more education concept to support and assist.The judicial application of legal principles from a deeper level to master,in fact is the judge in the process of ruling of the case,to achieve rational can depend on,well-documented.The content of the judicial system and power determines the importance and role of law,also ensure the execution of the legal system.Any form of law depends on the system is not perfect.The rule of law has its own limitations,therefore,the promotion of the legal principles applicable although has its drawbacks,there is a problem,but is still necessary under the existing legal system.In future research,we can more perfect legal principles applicable conditions,make they can continue to grow,with the rule of law to form a proper and rational and thoughtful,and properly and clearly marked out the concept of social standard system,and promote the whole of the system of judge on the understanding and respect.Also created a corresponding system and procedure,give judges the appropriate permissions,so as to facilitate the judge can flexibly apply all kinds of resources to solve the new disputes,make up for the defect of the law,to prevent the failure of law ruling.