On The Allocation And Application Of The Advocacy Norms Of Civil Law

In recent years,the advocacy norms in the field of civil law has a vigorous development trend,but with the sharp contrast,its theoretical research and empirical analysis is in a relatively backward stage.This leads to the civil law advocacynorms appeared a series of problems in the operation process,reflected in the specification itself,it is in the civil law department law in chaotic configuration;reflected in the judgment,is the wrong application in judicial practice.This article altogether three chapters,separately from the different angle to the civil code to carry on the thorough analysis to the standard.The first chapter,by means of legal interpretation,ferreting out the internal logic and spirit of advocating civil substantive norms,for further research on its solid theoretical basis and application of the configuration specification;The second chapter,through the civil law advocacy norms into "norms" advocacy relates to the interests of the party and the relative legal relation "relates to the interests of the third advocacynorms" two types and are analyzed.The rule configuration problems in present situation of the legislation were summarized and concluded;The third chapter,through the legal analysis and empirical analysis,to find the reasonable basis of civil law advocacy norms applicable,and according to the method of value analysis,put forward the "interests of the third people involved in advocacy norms" can be directly used as the basis for the referee,"the legal relationship involved relative party interests advocacy norms" under certain conditions can be indirectly applied to view and justification,As well as the general application of the inductive norms.