On The Application Of Legal Principles

Legal principles as a kind of legal norms,must be applied in judicial practice.There are some external reasons for the application of legal principles,but more important is the inevitable logic of its own requirements.The application of legal principles is not universal and necessary,it must follow certain rules,conditions and methods,shall not be abused. The ultimate goal of the legal principles applicable to the case is for the realization of justice.This article is divided into five parts. The first part is the Introduction.Comparing the case of Sichuan Luzhou and the German mistress legacy,we will get the similarities and differences of the two cases.Through the analysis of two cases from the Public Order and Good Custom in the two cases leads the subject to be discussed in this paper- the application of legal principles.The second part is the Summary of legal principles. Focuses on the concept of legal principles, then define the legal principles which will be discussed in this paper. Legal principles do not exist from the very beginning.It is accompanied by in-depth theoretical study of law and the development of the practice of law and legal principles improve gradually. The concept of legal principles was originally proposed by the American scholar Ronald Dworkin.The legal principles were fully discussed in his own articles. Based on different backgrounds, regions and times,the understanding of legal principles is also not the same. This article will define the legal principles within a certain range.Legal principles will be expressed as "principles" in the law or can be derived or deduced from the word shown by statements from the existing provisions of the law.The third part, the application of legal principles should require some external conditions, which are certain judicial environment, exhaustion of the rules, to the case of justice, have a stronger reason. The fourth part, the application of legal principles is in line with its own internal logic.The characteristics of legal principles are the judge function, the normative and the actionability.They have determined the application of legal principles which has its inherent necessity. The fifth part, the application of legal principles is bound to rely on a certain way, which is legal interpretation and legal reasoning. In order to improve the application of legal principles,we should master the use of the two important legal methods.However, the application of legal principles is not without boundaries,because the application of legal principles means to give judges more discretion.Therefore,the application of legal principles must follow certain restrictions.The application of legal principles is to achieve fairness and justice in the case. The application of legal principles has been a concern.We hope that this article will bring the right guidelines for the judiciaries and more thought for the theory researchers.