Study On Legal Principle In Judicial Application Of Civil Norms

Now civil norms research is certainly is of the hot issues in current theory circle. Civil norms into justice have become a reality. When civil norms have been brought into judicial decision, there are several ways. That how judges think several ways is not only a judicial method problem, but also is a respecting state law problem. Civil norms into justice by legal principle is a kind of amiable way. Judges are accountable to state law, and parties think that it is a content judicial decision. Our country is not sure of formal legal system nowadays. In the circumstances, it is hard to gain essential legal system by applying civil norms. The legal principle application of ways could reduce conflicts between state law and civil norms.Except foreword and concluding remarks, the paper consists of five parts.Part I, it stated the theoretical origins of civil norms that belong to the category of the low sociology and base on the analysis frame of legal pluralism theory. There are many different theories about concept of civil norms.Part II, civil norms application of ways in justice practice. Depending on forms civil norms in justice practice, it can be classified facts, legal rules, legal principles and discretion. In this part, it analyzed civil norms as facts, legal rules and discretion how to play a role in judicial decisions.Part III, analysis of legal principle in judicial practice. The legal principle is different form the legal rule. There are differences in definiteness / ambiguity, application and limitation of discretion. Application of legal principle must apply with some rules. In practice, application in judicial decision is different from theoretical research.Part IV, legal principle in judicial application of civil norms. Legal principle as a way of judicial application of civil norms can moderate conflicts between state law and civil norms so that it realize the harmonious co-existence between legal effect and social effect. Even if we adopt this way, we verify that the value from rights and duties of civil norms is as good as the value from legal principle. On the contrary, we can not adopt this way. Only through reasoning can we adopt legal principle. Reasoning can be set up on the ground of civil norms.Part V, limitations of civil norm's application. Civil norms usually were adopted in ground-level people's court and the application depends on judge's background knowledge. That suggests limitations of civil norm's application. While adopting civil norms, judges are not complete freedom and they must abide by state law. Judges must consider the value of state law, when they adopt this and other methods in judicial decisions. Along with the improvement of rule of law civil norm's application will certainly be shrunk and will not be extended, although the importance of civil norms just was recognized.