On Sociological Interpretation In Civil Trial

The sociological interpretation of the law in civil trials is the specific performance of the application of sociological methods in legal interpretation.In this interpretation, the judge under certain conditions, considering the social environment, economic condition, social values and other social factors, with a likely case of several judicial each produce a social model, eventually adopted the judgment with good social effects. Currently, the "unity of the legal effect and social effect" has become the judicial handling of political demands. In this request, in a civil trial in how to realize the unification of legal effect and social effect, bring the judgment of a judge in the process of legal interpretation ability new requirements. How to realize the unification of legal effect and social effect is current our country faces generally difficult to judge. As a legal explanation method, Sociology Explanation in solving this difficult can play an active role. At present, the reality of civil trial is not conducive to the sociological interpretation.The use of sociological interpretation in practice also has some difficults.To use sociological interpretation in civil trials, the first is to admit the judge's power of legal interpretation. Sociological interpretation has its own rules. In a civil trial, when the case's truth is not clear, sociological interpretation can be special used in the process of proof responsibility distribution. Sociology explanation has some limitation, which we should pay attention to overcome when we use it.