Study On The Judicial Application Of Legal Principles

The judicial application of legal principles has always been an important issue in the study of jurisprudence.Some defects in the legal rules themselves will lead to the more extensive application of legal principles in judicial practice.This paper analyzes the theory of judicial application of legal principles from the following aspects.Starting with the basic concepts and characteristics of legal principles,Gradually unfold Dvorkin and Alexis define the legal principles and legal rules and express their own views,the judicial application of legal principles has certain necessity and significance.If we can explain other general legal theories,solve difficult cases,improve the rule of law system,fill the loopholes of the rules and so on.Secondly,There are many places worth exploring in the judicial application of legal principles,such as analyzing the legitimacy of the judicial application of legal principles in the case of the inheritance of Luzhou in Sichuan province.At the same time,the application of legal principles itself also requires certain prerequisites,conditions and limitations.The premise includes the absence of legal rules,the conflict between legal principles and legal rules,and the conflict between legal principles and legal principles.Conditions include the need to exhaust legal rules,and in order to achieve case justice,the application process should be fully demonstrated.Restrictions include the prohibition of legal principles from escaping to general rules of law and the avoidance of abuse of discretion by judges.Then,there are many cases of judicial application of legal principles,and the evaluation of the typical cases of judicial application of legal principles can better understand the judicial application of legal principles.This paper focuses on the analysis of the disputes caused by the "right of name" dispute and the "Murder house Sale",as well as the cases of "Collingwood case",and analyzes the different judicial positions in the handling of murder house trading.The trial of legal principles in judicial adjudication can solve many difficult cases in real life,and it is of great significance to promote equity and justice,improve the promotion of legislation and make scientific and democratic judgments.The judicial application of legal principles is necessary for the situation to be forced and objective in our country.We must be extra cautious about the application of legal principles,because a little carelessness can lead to the suspicion that judges abuse their discretion.If the rule of law is a rigid part of the legal system,then the legal principle is necessarily the flexible part of the legal system.At last,There are many methods of judicial application of legal principles,such as the need to be based on objective criteria,it is necessary to concretize legal principles in practice,adhere to the consistency of legal principles with mainstream social values,careful operation of interest measurement,etc.,emphasizing and highlighting its unique method of judicial application for legal principles.Of course,the judicial application of legal principles is itself a double-edged sword.The excessive use or unclear use of legal principles will also lead to the abuse of judges'discretion,which will lead to the inability of normal judicial activities and the lack of fairness and justice for referees.Therefore,we should carry on the careful study to the judicial application of the legal principle,and turn its unfavorable side effort into a catalyst to promote judicial fairness and justice.