The Analysis Of Legal Discovery In Difficult Cases

The legal discovery is the first step in trial,judge integrate facts and norms with it and make proper decision. Hard cases for the legal discovery uniform application of laws of great significance. By study the civil cases in《The Supreme People's Court Bulletin》, we have three main types difficult cases:the fact hard cases,the law hard cases and the law conflict with the reasonable difficult cases. The legal discovery in《The Supreme People's Court Bulletin》for difficult cases have these methods such as infer fact with Legal principles, use Legislative intent or expand explained and other methods to fill the loopholes, benefits measurement between law and ethics and so on. Different legal discovery methods in difficult cases can due to different decisions, this reason can reduce Legal authority. According to the《The Supreme People's Court Bulletin》study, our courts have some defects in the legal discovery of difficult civil cases such as find facts enough, the application of legal principles and practices are not uniform. And《The Supreme People's Court Bulletin》as a guiding example of the carrier, there are some defects result it have lower guiding force such as same cases appear some times. I propose application of the principle from the improved standards, improve and perfect the preparation of summary judgment case guidance system and enhance the《The Supreme People's Court Bulletin》of the applicability, to achieve uniform application of the law.