Empirical Analysis Of Convention In Judicial Application

"Convention" is a common principle recognized by the public.Since ancient times,common sense has been exerted in a subtle manner,affecting the daily lives of the civilian population,as well as the process and results of judicial decisions.In fact,the whole process of national legal practice,including legislation,law enforcement and judiciary,must be conform to convention before it can be supported by the public,otherwise,it is impossible to be trusted by the public.The application of convention in judicial process is very common in China's legal practice.However,although it has been discussed for a long time in academia,judicial application of convention has not received sufficient attention.This paper briefly expounded the concept and importance of convention,starting from the judicial documents published by various courts,summarized the current situation of convention in judicial application through analysis of data.The paper applied empirical analysis,generalized the methods of convention in judicial application by analysis of cases in the judicial documents,and conducted research combining with representative cases.Because of the inherent limitations of convention and the conflict between common sense and law at some time,the author specifically analyzed the dilemma of convention in judicial application,and put forward corresponding suggestions on judicial application of convention in the end.Through research of convention in the judicial process,I hope it could provide theoretical reference for judicial application of convention in the future,and expect that judges can correctly coordinate the relationship between convention and law,defending the last line of social fairness and justice.