A Study On The Application Of Legal Principle

Legal principle is necessary section and important part of the law,it can be applicable. In the course of the democratic society construction and development of the rule of law in our country,only if we apply Legal principle reasonably and exactly,we can make the law like scales maintain a fair and just. However,As is known that Legal principle application is inadequate,and not play an efficient role.there is a lot of problems with the application of law.The author will analyze the notion and nature of the Legal principle, then give some application and restriction. As a matter of fact,The legal principle play a very important part direct or indirect to case.there is active constraint to discretionary power,then the legal principle rise the function of it.we need to explain to the legal principle.And public show summative legal instruments,Make sure that Legal principle application is more commonsensible and logical. Legal principle application is abstraction to representation, and discover new rule of the law.Based on judicial practice,care about independence of the judiciary judicial fairness and the judicial cost,reach the goal of discovery of new rule,restriction of the power,protection of the personal right. Legal principle is essence and soul of the law,it is the fundamental center and basic rule of the judicature.It is necessary to understand and explain before judicial application.Also,it is a efficacious restriction to legal principle.in that case,we will have a well established legal system and make progress to rule of law.