On the Basic Principles of Civil Law Applicable Boundaries in Judicial Judgments

As the core guidelines that run through the entire civil legislation and judicial practice, the basic principles of civil law are of great significance in judicial adjudication. This article aims to explore the applicable conditions, restrictions and relationships between the basic principles of civil law in judicial judgments and other legal norms. By analyzing the function and value of the basic principles of civil law in legislation, justice and practice, this article believes that the basic principles of civil law should be used as an important benchmark to supplement legal loopholes and equitable case justice in judicial adjudication, but at the same time, they are subject to the statutory framework. When applying the basic principles of civil law, judges should fully consider the actual situation of the case, combine the spirit of law and policies, and ensure the fairness and reasonableness of the judgment results.The research of this article is to improve China's civil legal system.As well asIt is of practical significance to guide judicial practice.

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Publication Details

Journal
International Journal of Social Sciences and Public Administration
Published
2025-03-11
DOI
https://doi.org/10.62051/ijsspa.v6n2.13
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

On the Basic Principles of Civil Law Applicable Boundaries in Judicial Judgments

Guoqi Zhang
International Journal of Social Sciences and Public Administration
European and International Law Studies
article

On the Basic Principles of Civil Law Applicable Boundaries in Judicial Judgments

Guoqi Zhang
article en

Abstract

As the core guidelines that run through the entire civil legislation and judicial practice, the basic principles of civil law are of great significance in judicial adjudication. This article aims to explore the applicable conditions, restrictions and relationships between the basic principles of civil law in judicial judgments and other legal norms. By analyzing the function and value of the basic principles of civil law in legislation, justice and practice, this article believes that the basic principles of civil law should be used as an important benchmark to supplement legal loopholes and equitable case justice in judicial adjudication, but at the same time, they are subject to the statutory framework. When applying the basic principles of civil law, judges should fully consider the actual situation of the case, combine the spirit of law and policies, and ensure the fairness and reasonableness of the judgment results.The research of this article is to improve China's civil legal system.As well asIt is of practical significance to guide judicial practice.

International Journal of Social Sciences and Public AdministrationVol. 6(2)
Openalex Percentile: Top 94%
European and International Law Studies
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