The Applicable Method Of Legal Principle

The applicable method of legal principle, which is the theme of the essay, studies how to establish the priority standard of case balancing when application dispute is occurred between legal rules and legal principles. The theorists have different opinion to this issue.According to Dworkin’s “law as integrity” theory, the priority standard of case balancing is“the best interpretation”. Nevertheless, on account of the Alexy’s principle theory, the priority standard of case balancing is “gravity formula”. However, “law as integrity” theory has its weaknesses due to inadequate respond to the criticism from “incommensurability”and “ limitation of knowledge”. Similarly, the principle theory also has its shortages that it cannot get rid of the query and criticism from “incommensurabilty” and “random assignment of formula”. Hence the question of applicable method of legal principle needs further study. For this purpose, normative position, which is the basic standpoint of legal principle application has been further analyzed. In addition, the value of legality is pointed out as the value that judges must maintain. Simultaneously, “interpretation—balancing”mode, a new mode of case balancing is constructed on the basis of normative position and the value of legality. According to the “interpretation—balancing” mode,the best interpretation is the priority standard of case balancing in general cases. In exceptional cases, “gravity increase formula” is required for the two step reasoning which include interpretation and balancing. Finally, the author analyzed “the son matricide case” through“interpretation—balancing” mode, and pointed out there are more than one right answer by law in this case. Therefore, the right of self—determination of death is not recognized by law in our country.