An Analysis Of The Realistic Demand And Path Of The Application Of Legal Principles

"Legal principle" is like the spirit of law.It justifies the legitimacy of law by its ethics,and it also contains concrete norms and concepts with its abstractness.However,because of this characteristic,the application of legal principles in the judicial field is different from the application of rules,and its application methods and methods are more diverse,and the range of differences is broader.Therefore,although the theory of principle application has been discussed for a long time,it still has practical research value so far.This article intends to explore the current needs of the application of legal principles in my country,based on Chinese judicial practice,analyze the main problems of the application of induction principles,and then find specific points.The solution and the Chinese path.The main content and ideas of the article: Introduction,introduction and explanation of the research questions of this article.It mainly includes the source of the application of legal principles,the research summary of this issue at home and abroad,and the space for further research on this issue.The first chapter is the practical needs for the application of legal principles.This article believes that there are three requirements for the application of legal principles in China today: First,the requirements for comprehensively governing the country according to the law.In the historical stage of comprehensively deepening reforms,how the rule of law responds,and the importance of judicial application of legal principles cannot be ignored;second,the application of the constitution Demand,the constitution is the fundamental law of the country,and the “rule of the constitution” is the core of the“rule of China”.Discussing the application of legal principles cannot bypass the judicial application of the constitution;third,the need for the application of socialist core values,the core of socialism Values have been incorporated into the law and the constitution.Due to their own special attributes,they not only have the principle characteristics of the constitution,but also have inextricably linked logical connections with legal principles.The second chapter is the Chinese practice to which legal principles apply.Through a large amount of judgment data and case analysis,it reveals the status quo of judicial application of legal principles in my country from multiple angles.The third chapter is the analysis of the application of legal principles.The gap between demand and reality,and the gap between what should be and what is true,has exposed multiple levels of problems.While the theoretical foundation continues to develop,the practical field should also continue to respond.The fourth chapter is the Chinese path for the application of legal principles.Through the overall analysis of the problem,to enhance the problem awareness of the judicial application of legal principles,how to improve the theory of legal principles application,improve judicial practice,and embark on a path for the development of modern rule of law in China has become the focus of this article.