Research On The Applicable Rules Of The European Court Of Human Rights

The treaty constitutes the main source of international law,and the application of the treaty becomes the main way to regulate the behavior of international members,while the premise of the treaty application is to make clear the meaning of the treaty,which involves the interpretation of the treaty.In the process of accepting the proceedings before the European Court of Human Rights,the treaty interpretation is often used to determine the treaty rights and obligations of the countries involved in the dispute.As the social situation in Europe is constantly changing,treaties that maintain relations between States parties should also keep pace with The Times."Living instrument" are conducive to supplementing and improving the ways of interpreting treaties and further enriching and developing human rights theories.Therefore,treaty interpretation is an unavoidable problem and a challenge that the European Court of Human Rights must face in the process of exploring the applicable rules of "living instrument".For more than 70 years,the European Convention on Human Rights has been an important legal basis for the protection of human rights in Europe.In recent years,in order to promote the Convention to adapt to the latest development,the European Court of Human Rights has continuously interpreted the provisions of the Convention and developed "living instrument" case law with the help of the latest consensus formed by other sources of international law,legislation and judicial practice of contracting parties.However,without the authorization of the Convention or the approval of the Contracting parties,the application of new obligations or limitations of rights on States parties in individual judgments may confuse the treaty interpretation and judicial creation beyond the competence granted to the Court by the Convention.In fact,even the evolutionary interpretation of the provisions of the Convention should be based on the conceptual or practical consensus formed in the relevant fields after the heir of the contracting party.Therefore,if the use of "living instrument" to carry out judicial law creation activities will go beyond the scope of treaty evolution and interpretation,more lack of legitimacy and rationality.The European court has the discretion of choose and the judgment of the court of human rights,and the court of human rights in the decision.Based on this,the European Court of Human Rights can only abstract the applicable rules of evolution interpretation from the case law of "living document",including the application premise,application basis,application scope and limitation conditions,to make the "living document" case law have lasting vitality.In this regard,the following countermeasures should be adopted:First,the treaty interpretation according to the common will of the member states should not only refer to the European consensus of the Contracting States,but also to accurately balance the relationship between national sovereignty and human rights protection.Secondly,to determine the applicable rules of "living instrument",we should not only respect the original meaning of the treaty,but also be able to abstract the specific applicable rules according to the case law.Thirdly,clarify the trial norms of the European Court of Human Rights.On the one hand,it strengthens the clarity and coherence of the court judgment,and on the other hand,the court strengthens the legitimacy and rationality of the "living instrument".Finally,the court restrained the judicial activism impulse of making the law at will.It not only requires the judicial organs to respect the purpose and purpose of the treaty,but also restricts the subjective initiative of judges,and takes the legal text as the boundary for judges to exercise the power of legal interpretation.