On The Application Of The Principle Of Law

The legal system of any country has some value, to some extent, the legal principles are exactly the goals of the value of law standardizing in the specific system, They are concentrated expressions of the spirit of the law pursuing in system. Different with legal riles,legal principles are abstract and summary, Lack of established patterns of activities. Its application is a double-edged sword, If we make good use of it ,We can safeguard social equity and legal justice better; If bad, the door of judges' abuse is open, caused of injustice.How to coordinate the value of legal stability and impartiality? It is worthy of our consideration.Our research on legal principles focuses on the implicitness of legislation and the definition,status,functions of fundamental principles.We have not grasped the key issuses of legal principles.Therefore,in this paper I compare the different ideas between Chinese and western academicians. I hope to do something useful to perfect our fundamental theory on legal principles and improve the application of principles.There are 5 chapters in this paper:Part one of this paper is devoted to the discussion of the definition of legal principles, the characteristic and so on,which are the preparation of next chapter.Part two notes the functions of legal principles.It analysis from the operation of law angle to the function of legal principles.Incliding two aspects: One is the legal principles formulates the stage in the law function.Two is the legal principles in the law implementation stage function.The 3rd chapter mainly discusses some applicable conditions of legal principle ."prohibition from escaping to general terms" is a basic rule of law application, while legal principle should be employed if the regulations are out of place.The 4th chapter mainly introduces applicable methods and consummatopn of legal principle.The application of law needs the mediumthat is called"complementary value"or"concretization of principle of law"in the discipline of law construction. Moreover, to establish a set of models of applying legal principle will help to make its application more standardized.The last chapter of paper makes a conclusion for this article.