A Study On The Application Of Rules And Regulations In Judicial Adjudication

As an indispensable part of the source of law,rules and regulations play an extremely important role in the management of local affairs in our country because of their numerous and complex characteristics.This paper selects the case of the Bulletin of the Supreme people's Court as a sample and makes an in-depth study on the citation of rules and regulations.It is found that there are some problems of "congenital deficiency" and "acquired defect" in the legislative and judicial application of regulations in our country.Through the case study of the Bulletin of the Supreme people's Court,the author finds that the rules and regulations play the function of effectively filling the legal gaps in judicial decisions,detailing the relevant provisions of the superior law,and making a systematic interpretation for other legal norms.However,it is a pity that the above functions of the regulations have not been fully implemented in judicial practice.Not only that,the court also has many problems in the process of invoking rules and regulations.There are some outstanding problems,such as the low rate of citation and application of rules in judicial decisions,the search of judges,the carelessness of quoting rules,and the contradictory decisions made by higher and lower courts by applying different rules.Probing into the causes of the above problems can be attributed to the fact that the upper and lower courts failed to fully exercise the discretion of the people's court in the process of applying the rules,and the judges' own thinking of trying cases led to the low rate of application of the rules.there are defects in the connection between legislation and judicial system,and so on.On the basis of empirical analysis,this paper makes an indepth study of the problems existing in the application of regulations in judicial adjudication,and discusses the theoretical dilemmas reflected behind them through the analysis of the problems.More importantly,through the investigation of the application of rules and regulations in judicial adjudication,we can look at the current situation of judicial application in the overall sense.This paper is divided into five parts.The first part is the introduction,which expounds the reason and significance of choosing the topic.This paper introduces the selection of samples and data collection,the time of the "Supreme people's Court Bulletin case" and the scope of rules and regulations,as well as the methods adopted in this paper,and combs the relevant research results of scholars at home and abroad.The second part introduces the legal status and applicable value of the rules and the basic principles of the application of the rules,and analyzes the status of the rules in the legal application of the people's courts in trying cases.The third part classifies the judicial adjudication and discusses the specific situation of the application of rules and regulations in administrative adjudication from the perspective of empirical analysis.First of all,through data statistics and procedural inspection of these two aspects to analyze the current situation of the application of the regulations.Then,through the investigation of the above situation,the paper summarizes the specific problems existing in the application of the regulations.it mainly includes the following four aspects: the low application rate of local government regulations,the confusion in the application of rules,the review process that does not effectively show the rules in the judgment,and the failure to implement Article 53 of the Administrative procedure Law.Finally,in view of the problems,the paper analyzes the specific reasons for the above problems in the application of the regulations.The fourth part discusses the application of rules in civil and commercial adjudication.First of all,it describes the current situation of applicable rules and regulations in civil and commercial adjudication,including data statistics,rules and regulations involved in statistics and the specific performance of rules affecting civil and commercial trials.Then it analyzes the problem of the application of rules and regulations in civil and commercial adjudication.Finally,in view of the above problems,three reasons are put forward: the attitude of the Supreme people's Court towards the application of regulations is not clear,the applicable rules are vague and the lack of standardized judicial argumentation methods.The fifth part puts forward the specific measures to improve the application of the rules.This paper puts forward some suggestions to solve the relevant problems in the judicial application of the rules from the two aspects of the legislation and judicial application of the rules.