Research On Legal Principle As The Source Of Law

Justice is the important means of meeting social issue and upholding social fairness. However, facing the constantly developing social living, justice is often in the situation of trial when being lack of law. At this point, legal principle as a source of law that can be used in a specific case is accredited by many countries except our country. This article thinks that it is a necessary choice to take legal principle as the source of the law of our country. The meaning of legal principle should conclude the fundamental spirit and the fundamental principle,based on comparing legal principle with other relative concepts, for example, theories, legal maxims, nature law etc. Three solid cause, i.e. philosophic cause, linguistic cause, political cause can justify establishing legal principle as a source of law. Legal principle will be used as a source of law on conditions that there is not only clear legislative arrangement, but also the judges must be highly qualified. The methods applying legal principle include analogy, semantic reduction for legal purpose, semantic expansion for purpose and directly applying legal fundamental spirit and the fundamental principle.