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Study on Legal Principle in Judicial Application of Civil Norms

Author: JiXiuQing
Tutor: JiaHuanYin
School: Chongqing University
Course: Legal
Keywords: Folk Norms Legal principles Judicial Application Argumentation
CLC: D90
Type: Master's thesis
Year: 2011
Downloads: 26
Quote: 0
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Abstract

Civil norms of research in academia has become one of the hot spots of the theory to and civil norms applicable in the administration of justice has become a fact. The civil norms into the administration of justice, there are a variety of ways for the judges to select judges between the various ways to measure not only a legal problem with the method is more a question of respect for the law formulated by the state. Civil norms can be incorporated into the legal principles to the administration of justice, which is a more gentle way for judges to be accountable to the law, for the parties to obtain satisfactory results. In the case of our form of the rule of law can not be fully guaranteed, trying to reach the essence of the rule of law is the need for caution in the application of the legal principles can weaken the civil norms for the country to develop the impact of the law through civil norms. In addition to the introduction and conclusion, is divided into five parts. The first part, combing the civil standard theoretical origins, folk specification belongs to the category of the sociology of law, based on its analysis framework of legal pluralism. Our scholars how different doctrine for civil norms. The second part, civil norms in judicial practice. Folk Norms performance in the administration of justice in the state can be divided into the fact that the rule of law, principles of law, or as a discretionary plot. In this section, the civil norms as facts, legal rules, or as a plot of discretion in the administration of justice is applicable. The third part, the judicial application of the principles of law practice. The difference between legal principles and the rule of law, the distinction from the static sense (indeed / vagueness), where applicable, the difference between the limited role of judges discretion. Should follow the principles of the legal principles in the judicial application analysis, as well as different from the theoretical discussion of legal principles in actual judicial practice is applicable. The fourth part, as a folk norms the judicial applicable form of legal principles. Legal principles as civil norms in the form of a judicial application antagonistic relationship can ease the civil norms and national statutes, to achieve the harmony of the legal and social effects. Even as the legal principles applicable, the rights and obligations of civil specification should be the value orientation of the legal principles behind consistent, otherwise it can not be applicable. Abstract legal principles need to demonstrate before the applicable the specific folk specification can become a demonstration of the premise or reason. The fifth part, Folk Norms limitations of judicial applicable. Civil norms usually grassroots courts apply, and the the applicable civil norms in the administration of justice depends on the judge of civil norms background, these are reflects the limitations of the civil norms in judicial moderate. Judge applicable civil norms is not completely free, you will be bound by state statutes and civil norms to be included in both the manner in which the administration of justice, not should disregard the countries to develop the value orientation of the law. With the perfection of the rule of law, civil norms applicable space continued to narrow, rather than expand, despite the importance of civil norms just recognize.

Study on Legal Principle in Judicial Application of Civil Norms

Abstract

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