Study On The Generation Of The Judicial Norm In Civil Hard Cases In Our Country

The norms of decision is in the process of the judicial referee, the judge through thecombination with the specific case and the legal standard by the formation of the purpose isto solve the dispute lawsuit and the generated case specification. The norms of decision isthe judge the referee case of dispute directly basis. The legal standard and the refereeregulate different, law standard is the norms of decision generated basis. In our country civildifficult cases, there may be law, legal existence of loopholes or fuzzy legal conflictsituation. The judge in the face of these circumstances, you need to use the method of legalinterpretation, fill the legal loophole method of generating the norms of decision legalmethod. The judge in the use of the method of generating law regulating process could beaffected by the judge its own factors and interests factors, even in the process, because thejudge the lack of legal sense, the referee of hardening process to regulate the refereegenerated unfair or is not reasonable. In order to ensure that the referee regulate thelegitimacy of generation and rationality, this paper argues that first to perfect and improvethe powers of a judge and quality, next to the judge generated the norms of decisionnecessary demonstrates and perfect our country’s case guidance system, make the norms ofdecision formation on the use of legal methods on relatively consistent and avoid thegeneration of regulating the differences, causing the phenomenon to different terms.