Research On Judicial Application Of Local Legislation

Local laws and regulations are one of the important sources of law in our country,and they play a role in inheriting and inheriting the entire legal system.Judicial application of local laws and regulations is the process by which the court turns "paper law" into "action law",and is also a test standard for measuring the quality of local laws and regulations.Judging from previous studies,the focus of our country’s research on local legislation is often limited to the text of local legislation,and there are not many studies examining local legislation from the perspective of judicial application.Nowadays,the judicial application rate of local laws and regulations is not high.It seems to be a common phenomenon to look at the whole country.This article takes the judgment documents of the local laws and regulations of Shaanxi Province cited in the Judgment Documents Network as the research object,and the analysis results confirm the chronic diseases with low judicial application rate of local laws and regulations.Low,local laws and regulations are strongly dependent on higher-level laws and the proportion of cited laws is low.Tracing back to the source,the above-mentioned problems are related to the inadequacies of local laws and regulations at the legislative level,the subjective and objective restrictions on the application of local laws and regulations by judges at the judicial level,and the deficiencies in the interaction between legislation and justice.To resolve the obstacles to the application of these local laws and regulations,this article proposes specific improvements from three aspects: legislation,judiciary,and legislative-judicial interaction,including that local people ’s congresses and standing committees should increase the participation of the public and reduce the law when enacting legislation Article duplication,promulgation of local legislative interpretations and timely clean-up of obsolete laws and regulations;in addition,the judicial system should be given full play to eliminate the subjective and objective restrictions on the application of local legislation by judges;finally,coordination and cooperation between legislation and justice should be encouraged to improve judicial judgment Apply the normativeness of local laws and regulations,strengthen the power of judicialadvice and improve the supervision mechanism of local laws and regulations,thereby improving the degree of judicial application of local laws and regulations.