Study Of The Law Application Method In Civil Trial

The order of the referee’s case is to first determine the facts and then apply the law.That is how the judge handles legal issues.Therefore,The application of the law is not only an analysis of the basic normative elements,but also a rule for finding referees from the current law.In the end,there are two kinds of results:First,there are clear legal provisions.That is the interpretation of the current legal provisions;or there is the concept of uncertainty,For example,"significant unfairness" and "public interest",etc.,The second,there are no laws and regulations,it is necessary to fill the legal loopholes;therefore,Through the analysis of typical cases,We find the personality of the law applicable method in civil and summed up the theoretical deficiencies and practical reasons.The original intention is to provide a clear judgment for the referee of the case,so that the law of the case can be applied.