Study On Judicial Application Of Local Regulations

The application of law is the key activity for courts to realize judicial acts,and it is also the specific way for courts to use national jurisdiction.Local regulations are normative documents formulated and promulgated by the statutory local state power organs in accordance with their statutory authority and under the premise of conflicts between different constitutions,laws and administrative regulations,and implemented within their respective administrative areas.In the socialist legal system with Chinese characteristics,because local regulations are closer to the local people,they are more targeted and feasible,and play an important role in ensuring the implementation of the constitution and laws at the local level,supplementing national legislation,and the autonomous settlement of local affairs according to local conditions.Therefore,it has important legal application value in court trial.For many years,due to the fuzzy application rules,low and improper application rate,lack of practical operability and other issues have not been solved for a long time,this has seriously affected the application of local regulations in judicial trials,which not only wastes a large amount of legislative resources,but also does not match the lofty status of the legislative subject of local regulations.Here,this article takes"judicial application of local regulations"as the research theme,and mainly analyzes the problems arising from the application of local regulations in court trials,further explores the root causes of these problems,and puts forward the optimal path for the application of local regulations in court trials.In the first part of this paper,the theoretical and practical significance of the research on the judicial application of local regulations and the urgency of solving the problem are expounded by introducing the background and theoretical value of the research.Then the research status and main research results of this research topic are summarized as the basis and beneficial supplement of this research.Finally,the research ideas and methods adopted in this paper are introduced.The second part defines the status of local regulations in judicial trials as "reference basis"by analyzing the current status of local regulations in theoretical circles and actual judicial trials and synthesizing relevant legal provisions and theoretical research.On this basis,it analyzes the specific application forms of local regulations in the judicial trial:as the basis for judging the whole case,as the basis for analyzing and reasoning,as the key evidence and basis for judging the facts of the case,and as the basis for assisting the trial.As well as three ways to deal with conflicts in the application process:not to apply local laws that conflict with the law,and to declare local laws illegal and invalid;Do not comment on the legitimacy of local regulations,directly apply the upper law;The hearing shall be suspended and shall be reported to the competent authority for a reply step by step before the hearing of the case is resumed.The third part focuses on the defects of vague applicable rules,low or improper application rate and poor operability of local regulations in judicial application.At the same time,the causes of the problems have been studied and explained in an all-round way.The above defects are mainly due to the "inborn deficiencies" of local regulations in legislative subjects,legislative techniques,legislative procedures and other aspects,the "acquired defects" with vague legal interpretation boundaries and unclear effectiveness,as well as the subjective and objective factors in the judge's trial,and the inappropriate response to the conflict between justice and legislation.The fourth part puts forward countermeasures to strengthen the judicial application of local regulations from the three levels of legislation,justice and judges.In the legislation,the principles for the formulation of local regulations should be established,including:not to conflict with the upper-level law,basing on the local reality,determining the exclusive filing matters of local regulations"suitable for fine but not coarse",giving the local people's court the right to propose local regulations,and expanding the filing subject.In the legislative process,we should promote multi-party participation and democratize legislation.To strengthen legislative supervision,special legal documents can be formulated when necessary.In the administration of justice,we should establish a review mechanism for local regulations.While giving priority to the application of local regulations,we should follow certain conflict rules to avoid direct conflicts between local regulations in legislation and administration of justice.To give full play to judicial initiative and strengthen interaction,the people's courts at higher levels shall issue judicial interpretations and typical cases to guide the lower courts in their trials in a timely manner in response to the application of local regulations.All kinds of problems encountered by the people's courts at the grassroots level in their trials cannot be avoided.They shall promptly report to the people's courts for instructions so as to promote judicial application.At the level of judges,we should strengthen the study of local regulations and improve the training mechanism.In their daily work,judges should collate and summarize local local regulations and sort out the relationship with other legal norms.