Study On The Methodology Of The Application Of Civil Law

The judge carries out the legal application on the basis of ascertaining the facts. In fact, it is impossible to identify the fact completely separated from legal provisions, the two are staggered in the trial practice. In this paper, we try to study the methodology of the application of civil law. The original intention is to provide a clear judgment thinking for adjudication of the case, making the application of civil law in individual case with a reference. Concretely, the paper can be divided into four sections.The first part of the thesis mainly introduces the legal method to the application of the law, the civil law applicable methods successive progressive, layers of analysis, focusing on the elaboration and divergence of basic theory.The second part starts from the civil law applicable to the method based entry, application methods of civil legal philosophical basis, social basis and legal basis. We also analyze and affirm the necessity and legitimacy of civil law applicable method.The third part and the fourth part are the key points and the conclusions of the application of law. On the foundation of text in the perspective of the judicial practice of civil legal applicable methods of exploration, specifically including method of application of civil law, method of discovery of law, method of legal interpretation and method of legal loophole supplement, with particular emphasis on the importance of legal norms for the applicable law. In the judicial practice, there are some problems and misunderstandings in the application of law, and we put forward the corresponding solutions.