| In judicial practice,legal principles can,on the one hand,provide the judiciary with a basis for making legal judgments,and on the other hand,improve the rationality of legal reasoning.However,how to regulate the application of legal principles has always troubled judges and prosecutors.Most scholars’ research on the application of legal principles in judicial practice focuses more on court legal documents,and there are few studies on the application of legal principles in procuratorial legal documents.At the same time,judges are in a neutral position in judicial activities,while prosecutors represent certain national or social interests in procuratorial practice.This difference in roles in judicial activities will also affect the application of legal principles by judicial practitioners.Judicial activities in the procuratorial field are an important part of judicial practice in our country,and it is of great significance to study the judicial application of legal principles in procuratorial practice.This article takes the judicial application of legal principles in the guiding cases issued by the Supreme People’s Procuratorate as the starting point.After sorting out the procuratorial guiding cases,it is found that the legal principles in these cases have three characteristics in the application process: the application of legal principles in different departmental laws is different,whether a legal principle directly specifies a specific legal principle differs in the application process,and legal principles play different roles in legal reasoning.Accordingly,this paper classifies and analyzes the procuratorial guiding cases according to three classification criteria,including the type of case,the degree of explicitness of the application of legal principles,and the way in which legal principles play a role in legal reasoning.Present the application of legal principles in procuratorial practice.After analysis,it is found that there are three problems in the process of applying legal principles to procuratorial guiding cases: the preconditions for the application of legal principles have not been demonstrated,the main content of the application of legal principles has not been explained,and the specific methods of application of legal principles have not been demonstrated.At the same time,the focus of these three issues under the above three categories is also different.By analyzing the problems in the application of legal principles,combined with the theory of legal principles and the characteristics of the procuratorial case guidance system,it is found that there are three reasons for these problems.The first is the influence of the abstract nature of the legal principles;the second is the lack of uniform standards for the judicial application of the legal principles;the third is the limitations of the procuratorial case guidance system itself.Finally,combined with the above three classification standards,the following suggestions are put forward in view of the reasons for the problems in the application of legal principles.The first is to improve the quality and ability of prosecutors to interpret the law and reason in procuratorial practice,standardize the terminology applied to legal principles,effectively play the positive role of legal rhetoric,and calm the doubts of the parties and the public.The second is to improve the selection criteria for procuratorial guiding cases.Refine the selection criteria for procuratorial guiding cases,incorporate the application of legal principles into the selection criteria,and strengthen the review and revision of procuratorial guiding cases.The third is to clarify the applicable norms of legal principles in procuratorial practice,and clarify the laws that can be applied in procuratorial practice principles,and clarify the application conditions of legal principles in procuratorial practice and the specific way of applying legal principles.In order to standardize the judicial application of legal principles,give full play to the role and functions of legal principles,promote strict and impartial judicial administration by procuratorial organs,and promote and ensure the uniform application of Chinese laws. |
