On The Application Of Legal Principles

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 rules, 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.It is divided into three parts, Part I, Expound if legal principles are actionable, if legal principles can be applicable to the case. By analyzing the problem, comparing theories, combining practical needs, To improve that the legal principles are applicable, accordingly we make the following reasons: the legal principles have comparative certainty, we can make a clear judgment on the relative certainty through legal means in the application of cases .Law principles should not exist internal contradictions. Through the use of legal means, We can mitigate tensions between the legal principles some time, so as to achieve better results of judicial application; law principles of carrying certain moral values are growing points of the law. Not only its application maintains dignity and stability before the new rules of law, But also the real meanings of the legal principles in contemporary are increasingly clear through more decisions, and provide valuable information for the rules of subsequent amendment of the law; Meanwhile the actionable of legal principles have practical needs in the transition period of China, we can compensate the rift between the fact and the law. Balance "essence fairness" and "form fairness". We expound and prove that as one of the legal elements, the legal principles should be the same with the rules of law, can serve as the basis for decision applying to cases.The second part addresses the judicial values of legal principles and application means, legal principle plays an increasingly important role in the administration of justice ,In the...