The meaning of "applicable law"

Definition 1:

Law application in a broad sense refers to activities in which state agencies use the general provisions of the law to solve specific problems in accordance with the powers and procedures stipulated in the law, including administrative law enforcement and judicial activities. The application of law in the narrow sense specifically refers to judicial activities, which are specialized activities in which national judicial organs exercise their powers in accordance with the law and use the general provisions of the law to handle specific cases

From: The Current Situation of Immigration Law Application in the Three Gorges Reservoir Area "Journal of Chongqing University (Society) Science Edition)》2000 Zhu Min

Source article abstract: Through the analysis of the causes, characteristics and legal and regulatory systems of the Three Gorges immigration cases, it points out the main problems existing in the existing Three Gorges immigration legal and regulatory systems and the resulting Difficulties caused by the application of immigration laws in the Three Gorges Reservoir Area. It provides necessary prerequisites and targeted research objects for effective research on the legal application of the Three Gorges resettlement.

Definition 2:

Legal application refers to the entire process of applying legal norms to specific cases to obtain judgments. In legal hermeneutics, it specifically refers to placing the facts of the pending case in the A logical thinking process to obtain specific conclusions under normative conditions

From: Reconstruction of the thinking model in the application of civil law "Journal of Anhui Police Vocational College" 2004 Wang Tianyan, Wang Mingge

< p>Source article abstract: The syllogism thinking mode based on deductive reasoning pursued by judges in the traditional civil law system is effective for simple cases. However, in the trial of difficult cases, due to the logical rigor and universality required by syllogism reasoning It is difficult for legal rules to guarantee the "truth" of the major premise in syllogism reasoning. Therefore, it is necessary to transform the thinking model of syllogism, distinguish legal issues and factual issues in the application of law, and promote the application of law in the interaction between legal issues and factual issues. process to ensure the fairness of the judgment.

Definition 3:

Law application in a broad sense refers to the application of legal norms to specific persons or entities by specialized national agencies and their staff and state-authorized units in accordance with legal powers and procedures. Specialized activities organized by the organization. The application of law in the narrow sense refers to the activities of national judicial organs applying legal norms to handle cases

From: Civilian expectations and its impact in the application of law "Weishi" 2002 Li Yinsheng

Definition 4:

Under normal circumstances, legal application means that after specific legal facts appear, by classifying them into corresponding abstract legal facts, and then according to the legal norms regarding abstract laws The provisions of relationships, and then the formation of specific legal relationships and legal orders

From: Fiction: a political art "Journal of Jishou University (Social Science Edition)" 2005 Lu Peng

Source article summary: Law as an art is not a metaphor, but a line drawing from another perspective. Fiction is an irrefutable fiction. Fiction widely exists in the legal and political phenomena that are the main research objects of law. These fictions are not meaningful as cognitive experiments, but have practical significance and ultimate value in themselves. It not only helps people in arriving at appropriate judgments but also in taking necessary actions.

Definition 5:

Applicable law refers to which country’s law is used to handle disputes when a dispute occurs in international economic activities. The law of the country chosen by the parties to the contract is applicable. It is called the applicable law. The application of law is related to the power of judicial control, that is, if you choose to apply the law of which country, the country's judicial jurisdiction will have jurisdiction

From: "Jinkang Contract" Interpretation "China Ocean Shipping Announcement" 1998 Cao Yutang

Source article summary: Article 19 Law and Arbitration (Law and Arbitration) 19.Law and Arbitration (a) This Charter Party shall be governed by and construed in accordance with with English law and any

Definition 6:

1. The conditions for the interpretation of administrative law: the application of administrative law According to the general view of jurisprudence, the application of law refers to [2] " The activities of state agencies and their staff to apply legal norms to specific matters in accordance with their scope of authority

From: On the occurrence conditions and existence forms of administrative law interpretation "Hebei Law" 2005 Huang Zhusheng

Source article summary: Administrative law interpretation is an indispensable link in the application process of administrative law. However, due to the characteristics of the application of administrative law and the requirements of modern administrative law, the interpretation of administrative law must involve the interpretation and interpretation of administrative agencies. The two forms of interpretation by judicial organs also determine the different legal effects of the two forms of interpretation of administrative law.

Definition 7:

Some scholars believe that justice is a type of legal application, and legal application refers to “state agencies, public officials and authorized units, in accordance with their terms of reference, A way of implementation through legal procedures

From: The alienation of judicial power in contemporary China and its overcoming "Climbing" 2004 Wei Jianguo, Bo Zhenfeng, Chen Fei

Source article summary: Judicial power in our country is a system of relatively independent state power, which has basic characteristics that are different from other state powers. These basic characteristics mainly include: finality, independence, neutrality, negativity, negotiation, individuality and exclusiveness. The author believes that in contemporary China, the original connotation and certain characteristics of judicial power have been distorted and even alienated to a certain extent. For this reason, various measures must be taken to ensure the realization of socialist rule of law in China. Overcome alienation.

Definition 8:

Law application refers to the state’s specialized agencies implementing the law through certain procedures, that is, establishing, changing or dissolving certain legal relationships through the use of legal norms. Law application is the state’s The specialized powers of specialized agencies are also their specialized activities

From: Discussion on the legal application of forest rights disputes "Zhejiang Forestry Science and Technology" 2001 Zhou Bohuang, Zhao Jin, Yu Yubao

Source Article summary: Correct handling of forest rights disputes (referring to forest trees, forest land ownership and use rights disputes) is important for protecting the environment