The Abuse Of The Principle Of Fairness In Civil Law And It's Application Norms

The applicability of legal principles has always been the focus of Chinese and foreign legal theory research and practical operations.As one of the basic principles of civil law,the principle of fairness reflects the basic value orientation of civil law.The principle of fairness is mainly reflected in the contract law and tort law.In recent years,the application of the principle of fairness in trials has become increasingly widespread.The wide application of the principle of fairness in judicial practice can,on the one hand,enable this principle to be integrated into people's daily lives,guide and regulate people's daily behavior,on the other hand,there is a danger of the principle of fairness abuse.This paper selects the abuse of fairness principle,and discusses it with typical cases.To provide an effective reference for reflecting on the abuse of fairness principles and regulating the judicial practice of future fair principles is our aim.In addition to the introduction and conclusion in this article,the body part includes four parts:The first part defines the relevant concepts.To strengthen the understanding of the principle of fairness and lay the theoretical foundation for the in-depth discussion that follows,the key words that related to the topics such as the principles of fairness and fairness,legal principles,etc.are defined,the development process of the fairness principle as a legal principle,the evolution and manifestation of the fairness principle in our country's civil legislation,and the harm caused by the abuse of the fairness principle,etc.are summarized.The second part is the existing state of the principle of fairness abuse.Combining the current judicial practice and theoretical literature,the specific circumstances of the abuse of the fairness principle in the judicial practice of our country's civil and commercial affairs and the abuse of the current situation were classified and summarized.Highlight the breadth,severity of the problem and the necessity of its specificationThe third part is the cause of the abuse of fair principles.This paper concludes that the ambiguity of the principle of fairness,the ambiguity of the rational boundary of individual freedom behavior,the arbitrary nature of the application of legal principles,and the abuse of judges' discretionary powers.are the main causes of the abuse of the principle of fairness in the practice of the rule of law in our countryThe fourth part is the norms of the principle of fairness abuse.First of all,it is considered that the civil subject has the right of free act,and that the ability to independently assume responsibility after the free act is the responsibility of the civil subject.In other while,except for subjects that have special provisions in law that do not have the ability to bear.Secondly,judges should strictly limit the application of legal principles,including the selection of applicable legal principles in the presence of legal rules and the direct application of legal principles in the absence of legal rules.Finally,it is believed that the judge's discretionary power should be strictly restricted,and the judge's discretionary power should be restricted by strengthening the judge's own legal literacy and perfecting supervision procedures in the case that the judge's discretionary power is unavoidable.