Judicial Application Of Public Policy

Public policy has long been a phenomenon, but the public policy subject researchstarted lately. At present, the concept of public policy does not form a unified discourse. Itcan be said that public policy involves all aspects of social life, public policy has its owncharacteristics, and differs from the law.Public policy can be divided into that in the formof law and that not in the form of law. Generally speaking, the judicial application ofpublic policy involves the discussion of public policy which is not in the form of law. Thejudicial referee for public policy has legitimacy, which generally is handled as informalsource of law in the process of the referee.If there are no relevant provisions in law or lawsthat are ambiguous situations, public policy can enter the judicial referee process.Generally speaking, there are three kinds of suitable form of application of public policy:the application of law interpretation, the application of public policy initiatives, theapplication of filling the legal loophole. The application of the public policy follows thepublic policy analysis method, whichi are identification of public policy, public policyjudgment, choice of public policy and validation of public policy. Judicial decisions on theapplication of the public policy has a certain limit, which needs to consider the legitimacyof public policy itself, the legitimacy of the applicable, the detrimental to justice, as well asthe consideration of right. Generally speaking, in our country judicial judgment does nottake judicial judgment as a direct the referee basis, and public policy rarely appears in theCourt’s Written Judgment. In fact the application is widespread. At present stage，injudicial practice on the application of the public policy is confusion, facing manydifficulties, the judicial referee on the application of the public policy needs a rationalconstruction.