In a broad sense, the application of law refers to the activities of state organs to solve specific problems by using the general provisions of law in accordance with the functions and procedures stipulated by law, including administrative law enforcement and judicial activities. In a narrow sense, the application of law refers to the special activities of the state judicial organs to exercise their functions and powers according to law and apply the general provisions of the law to handle specific cases.
Source: Application Status of Immigration Law in Three Gorges Reservoir Area, Journal of Chongqing University (Social Science Edition), Zhu Min, 2000.
Through the analysis of the causes, characteristics and laws and regulations system of the Three Gorges resettlement case, this paper points out the main problems existing in the existing laws and regulations system of the Three Gorges resettlement and the difficulties in applying the resettlement law in the Three Gorges reservoir area. It provides the necessary premise and targeted research object for effectively studying the application of the Three Gorges Immigration Law.
Definition 2:
Legal application refers to the whole process of applying legal norms to specific cases to obtain judgments. In legal hermeneutics, it refers to a logical thinking process of putting the facts of unresolved cases under the elements of norms to obtain specific conclusions.
Source: reconstruction of thinking mode in the application of civil law Wang Wang in 2004.
The traditional thinking mode of syllogism pursued by civil law judges is effective in the face of simple cases. However, in the trial of difficult cases, due to the strict logic required by syllogism, the universal legal rules cannot guarantee the truth of syllogism reasoning. Therefore, it is necessary to change the thinking mode of syllogism, distinguish legal issues from factual issues in legal application, and promote the process of legal application in the interaction between legal issues and factual issues, thus ensuring the judgment.
Definition 3:
In a broad sense, the application of law refers to the specialized activities of specialized state organs, their staff and state authorized units to apply legal norms to specific people or organizations in accordance with legal authority and procedures. In a narrow sense, the application of law refers to the activities of national judicial organs in handling cases by using legal norms.
Originated from: the expectation and influence of civilians in the application of law "Realism" Li Yinsheng in 2002.
Definition 4:
In general, the application of law refers to the classification of specific legal facts into corresponding abstract legal facts after they appear, and then the formation of specific legal relations and legal order according to the provisions of legal norms on abstract legal relations.
Source: Novel, Journal of Political Art (Social Science Edition), Jishou University, Lu Peng, 2005.
Abstract: As an art, law is not a metaphor, but a sketch from another perspective. Fiction is an irrefutable fiction. As the main research object of law, it exists widely in legal and political phenomena. These novels are not meaningful as cognitive experiments, but they have practical significance and ultimate value. It not only helps people to make correct judgments, but also helps people to take necessary actions.
Definition 5:
The application of law refers to which country's laws are adopted to deal with disputes in international economic activities. The law of the country chosen by both parties to the contract is called the applicable law. The application of law is related to the judicial control right, that is, which country's law is chosen, the country's justice has jurisdiction.
From: Interpretation of Jinkang Contract China Ocean Shipping Announcement 1998 Cao Yutang
Abstract: Article 19 Law and arbitration. Law and Arbitration (a) This charter party shall be governed and bound by English law and any other laws.
Definition 6:
I. Conditions for interpretation of administrative law: Application of administrative law According to the general view of jurisprudence, legal application refers to [2] "the activities of state organs and their staff to apply legal norms to specific matters according to their functions and powers.
Origin: On the Occurring Conditions and Existing Forms of Administrative Law Interpretation, published in Hebei Law, edited by Huang, 2005.
Interpretation of administrative law is an indispensable link in the application of administrative law. However, due to the characteristics of the application of administrative law and the requirements of modern administrative rule of law, it is determined that the interpretation of administrative law must exist in the interpretation of administrative organs and the solution of judicial organs ...
Question 2: The meaning of law application. If you use the logic and basic principles of law to analyze your question itself, you will find that you have not asked your question clearly. Any concept is limited, that is, there is a corresponding context, and the meaning of "application of law" has 10 thousand interpretations in different contexts, so it cannot be generalized.
"Application of law" can refer to the legal basis for law enforcement departments to use administrative acts in the process of law enforcement; For the judicial department, it may be the understanding and interpretation of the law in the judicial process; For the parties to a legal dispute, it may be a legal reference for the legality of their respective actions in the process of dispute settlement. These can be said to be "legal application" in a broad sense. "The application of law" is also likely to appear together with other words, such as "the scope of application of law". This expression alone may refer to what behavior, subject and object a particular law and regulation applies to-in short, the answer is ever-changing in different contexts and restrictions.
In the judicial documents of the judiciary, especially in the second-instance judgment of the second-instance procedure of the case originally tried by the lower court, there will be a conclusion that the lower court "applied the law wrongly" to the case originally tried. What is alleged here may include the wrong choice of the law that the lower court should apply to the legal dispute itself (but this rarely happens), and may also include the wrong understanding, use and interpretation of the cited law.
The above are just some lists, please clarify the definition and context of the question before making supplementary answers ~
Question 3: What does the principle of legal priority mean? The so-called legal priority means that the lower legal norms are more effective than the lower legal norms. Including (1) the fundamental law is superior to the common law; (2) The upper method is due to the lower method; (3) The new law is superior to the old one; (4) The special law is superior to the general law.
Question 4: What do you mean by the applicable rules of law? In short, legal rules are rules and regulations stipulated by law, including assumptions, behavior patterns and legal consequences. For example, "secretly stealing other people's property for the purpose of illegal possession constitutes theft" is a legal provision.
Because there are many laws and regulations, there are also many clauses in the legal documents of the Ministry of Unification. How to apply these clauses, especially which one should be applied first when these clauses conflict with each other, is a problem. At this time, the applicable rules of law appeared. It solves the problem of how to coordinate and apply the established legal rules. For example, the superior law takes precedence over the inferior illegal law, and the special law takes precedence over the common law, which is the most typical application of the rule of law.
Question 5: What is the difference between law application and law use? Legal application is a legal term, which refers to the formation of a specific legal relationship and legal order after it appears, by classifying specific legal facts into corresponding abstract legal facts, and then according to the provisions of legal norms on abstract legal relations.
The use of law is the spoken language of ordinary people, which is not standardized.
Question 6: Briefly describe that the scope of application of the law should be the scope of application. The scope of application of law refers to the time effect, human effect and space effect of law. (1) Prescription refers to the time when the law takes effect and the time when it ends; (2) Space effectiveness refers to the area where the law takes effect (including territorial sea and airspace). General national laws are applicable to the whole country, and local regulations are only effective in this region; (3) The influence on people refers to whom the law takes effect. If some laws apply to all citizens, some laws only apply to some citizens.
Question 7: What is the application of law? 5 points means that a law takes effect after it is promulgated, and then it is used to deal with specific problems in life, that is, the application of the law.
Question 8: What do you mean by the priority of law? The principle of legal priority refers to the fact that the legal norms at the next level shall not conflict with the legal norms at the next level; If the previous legal norm does not stipulate and the next legal norm does, then once the previous legal norm has stipulated this issue, the next legal norm must obey the previous legal norm. In practice, if the laws, regulations and rules stipulate a certain matter, but the laws, regulations and rules are inconsistent with the law, the order of application is laws, regulations and rules. This is the basic principle that administrative organs must abide by when implementing administrative management according to laws, regulations and rules. The principle of priority application of law includes that the basic law is superior to the departmental law; The departmental method is superior to the local method; The new law is superior to the old one.
For example:
Article 1 18 of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of the General Principles of the Civil Law of People's Republic of China (PRC) stipulates that the lessor shall notify the lessee three months in advance when selling the leased house, and the lessee shall enjoy the preemptive right under the same conditions; If the lessor fails to sell the house according to the provisions, the lessee may request the people's court to declare the sale of the house invalid.
"Judicial Interpretation of the Supreme People's Court on the Trial of Disputes over Urban Housing Lease Contracts" Article 21 If the lessor sells the leased house without notifying the lessee within a reasonable period of time or violates the lessee's preemptive right, the people's court shall support it. However, the people's court will not support the request to confirm that the house sales contract signed by the lessor and the third party is invalid.
These two provisions are in conflict, but according to the principle that the new law is superior to the old law, the opinions of people's communication are invalid.
Question 9: The object and scope of application of the law refers to the time effect, human effect and space effect of the law. (1) Prescription refers to the time when the law takes effect and the time when it ends; (2) Space effectiveness refers to the area where the law takes effect (including territorial sea and airspace). General national laws are applicable to the whole country, and local regulations are only effective in this region; (3) The influence on people refers to whom the law takes effect. If some laws apply to all citizens, some laws only apply to some citizens.