| The vitality of local laws and regulations lies in their implementation.In the practice of judicial trials,local laws and regulations are used as the basis for the trial of civil and administrative cases,but they are rarely invoked by judicial judgments.As far as the entire judicial practice is concerned,implementation has its importance and necessity.Only through implementation can it be tested and measured whether the text of local regulations is reasonable.However,judging from the current judicial practice,the judicial application rate of local regulations is not ideal,which is also the primary problem faced by local legislation.When writing this paper,the author selected the period from March2015 to December 2020 as the time node,and searched the provincial-level local regulations and judgment documents of Sichuan Province through China Judgment Documents Network,and used the retrieved documents as the object of case study.Analyze the problems related to the judicial application of local laws and regulations in the judicial process.The author uses empirical analysis and statistical methods in this research to summarize the problems that have occurred in the judicial application of local laws and regulations,and carry out targeted measures.Analyze and explore the shortcomings behind it,hoping to make a slight improvement in the optimization of the application of local laws and regulations in the court trial process.This paper studies the judicial application of local laws and regulations from the following five parts.The first part first introduces the problem,introduces the topic background and research significance of this research;summarizes the current situation and main results of the research,and lays the theoretical foundation for this research;finally introduces the methods adopted in this research.The second part expounds the principles of judicial application of local laws and regulations,including the scope and status of the law,applicable value and specific application conditions.The third part mainly adopts the method of empirical research to collect the court judgments of local laws and regulations in Sichuan Province from March 2015 to December 2020,and analyzes the citing situation and application status of local laws and regulations by courts through the data.The fourth part mainly analyzes the problems existing in the judicial application of local laws and regulations in Sichuan Province and analyzes the reasons for these problems.The fifth part aims at the problems existing in the application of local laws and regulations and puts forward the significance and suggestions of improving the judicial application rate of local laws and regulations. |
