Study On The Judicial Application Of Local Regulations

As one of the most important legal sources of China and an essential part of the socialist legal system with Chinese characteristics, local regulations, the role of which is irreplaceable in the areas of local economics and society, are not only in a large quantity and complicated with various kinds, but also have a close connection with local situations and citizen's rights and obligations. Currently,judicial application of local regulations in China, more or less, faces the leftover problems in legislation and practice problems. On one hand, in the situation of the leftover problems in legislation, interaction between legislation and judicature is active, which both focus on the application of local regulations; on the other hand, in the situation of practice problems, judges in a dilemma use their strategies and techniques to deal with conflicts of laws and keep away from jurisdiction risk. In consideration of the situation of the country and the society,it is not proper to apply laws transpiration theory of separation of powers and use judicial powers to regulate the legislative power to our practice directly with an old path. We should take steps with a sound policy prudent attitude, which is, taking legislative ways to deal with legislative problems and taking judicial ways to deal with judicial problems.This article mainly focus on the two following aspects: Firstly,it defines the value of judicial application of local regulations, reveals the normative value of judicial application of local regulations and explores the path where local regulations should function well in its judicial application. It tries to provide the corresponding reference for local regulations' censorship and supervision mechanism. Secondly, it summarizes the practice experience of courts in judicial application of local regulations, analyzes the basic condition and highlight problems and explore the causes. It discusses how to improve the local court's current practice from the perspective of judicial technology in order to provide experience and enlightenment for judicial application of local regulations.This article is divided into five parts: the first part introduces the background and value of the subject, literature review, writing ideas and research methods. The second part introduces the legal status of local regulations, applicable value and the basic principles of judicial application of local regulations, analyzes the basic situations of local regulations under the applicable law in the people's court. The third part expounds the legislative background of the local regulations, the basic situation of its judicial application, trial practice and how to deal with conflicts of law. The fourth part discusses the problems and the causes of judicial application of the local regulations. It also analyzes judges' dilemma in the trial of specific cases,especially in administrative and civil disputes. The fifth part analyzes strategies and reasons of judges in the local regulations' judicial application, and proposes some countermeasure suggestions from perspectives of judicial,legislative and their interaction to solve those related problems.