bet365 coupon code dynamically expand and contract through the scope of application、Flexible adjustment of applicable methods to realize the referee function。The legality of judicial decisions based on bet365 coupon code、Reasonability、Necessity debate always exists，This comes from the expansion of bet365 coupon code themselves and people’s desire for legal stability，But this does not prevent bet365 coupon code from playing a unique judicial function outside the rule of rules，Provide solutions beyond the rules for difficult cases and judicial dilemmas。

　　Ten and bet365 coupon code’s tort liability dispute case

This case is a typical case on how to determine the infringement behavior and the result of the infringement when applying the principle of fairness。May 2, 2017，Zhengzhou doctor Yang discouraged Duan from smoking in the elevator，The two had a dispute。More than ten minutes later，69-year-old Duan Moumou died suddenly of a heart attack。According to surveillance video，Duan Moumou is smoking in the elevator room，Later Yang entered the elevator，There was a language dispute between the two parties。In the meantime，Duan Moumou is relatively excited，Yang is relatively calm。After that，Both parties continue to go to the property office to argue。Not long，Duan suddenly fell to the ground，Dead after rescue failed。Duan’s wife Tian then filed a lawsuit in court，Requires Yang to compensate more than 400,000 yuan。According to (2017) Yu 0105 Minchu Judgment No. 14525，The first instance court’s decision，Although the result of Duan’s sudden death was unexpected by Yang，There is no inevitable causal relationship between Yang’s behavior and Duan’s death，But Duan did die suddenly after a verbal dispute with Yang Fan，According to the principle of fairness，Judgment that Yang should compensate Tian Moumou 1.50,000 yuan。According to (2017) Yu 01 Min Zhong 14848 Judgment，The second instance court held that，There is no bet365 coupon code causal relationship between Yang’s behavior of discouraging Duan from smoking in the elevator and Duan’s death，Yang has no fault，Should not bear infringement liability，The judgment made by applying the principle of fairness in the first instance contained errors in bet365 coupon code application，And it infringes on social and public interests。Gotian’s application for retrial was also rejected。

The principle of fairness is a bet365 coupon code principle with general bet365 coupon code significance and strong applicability，It is even given the function of redistributing social benefits。In the current era where more refinement of referee reasoning is pursued，The judicial application of this principle in recent years is represented by the occurrence of the above cases，Frequent doubts，Highlight again the bet365 coupon code principle as one of the elements of law，There is still a lot of room for discussion in the realization of its judicial function。

　　bet365 coupon code and Judicial Judgment Effects

Situation 1，When the first-instance judgment of the principle referee takes effect，Often bet365 coupon code are applied properly，Sufficient reasoning，Clear argument，Obtained unanimous approval from both parties，The refereeing role of bet365 coupon code in this situation is not questioned。Scenario 2，The second instance upholds the first instance judgment’s principled judgment and results，But gave a more thorough and clear explanation，There is no doubt about the role of the referee in bet365 coupon code in this situation，But the confirmation of principle judgment、There are differences in legal cognition between the principles stated by the referee。For example，The "Principle of Honesty and Credibility" of the large-scale referees，Its judicial adjudication has strong applicability，High acceptance。The famous "Qian Zhongshu" in the 1990s、People's Literature Publishing House v. Xu Zhifen、Sichuan Literature and Art Publishing House Copyright Dispute Case"，The second-instance court affirmed the basic conclusion of the first-instance court’s judgment on the principle of good faith，Apply relevant provisions of the Copyright Law to explain one of the core disputes, exclusive publishing rights，The application of the principle of good faith points to the legal perspective，Prove that the plaintiff’s exclusive publishing rights in the original trial were infringed，The overall persuasiveness of the second instance judgment is enhanced。Scenario 3，The second instance changed the first instance verdict，It can also be subdivided into affirming the applicable principles of the first-instance referee’s reasoning but changing the referee result，And denying the principles applicable to the first-instance referee’s reasoning and changing the referee results。Double negation of the principles and results of the first instance judgment，It is the most controversial and worth exploring part of the different situations of principled adjudication，Even the "fairness principle" is a legal principle with obvious abstraction and universal applicability，There may also be situations where it cannot be applied。When assigning tort liability，The second-instance judgment of the aforementioned "Tian Mou and Yang Right to Life Dispute Case" clearly stated，There is no legal causal relationship between the defendant in the original trial who discouraged smoking and the death of the deceased，Both parties are not at fault for the damage，The application of the principle of fairness in the first-instance judgment is an error in the application of law。

The application of abstract bet365 coupon code to judicial decisions places high demands on judges。When the rules referee is unable or inappropriate，Judicial application of bet365 coupon code is desirable，But make full use of your reasoning、It is not easy to be justified。Law interpretation and reasoning depend on the judge’s understanding of the original intention and legal value of legislation，Contains a large number of uncertain elements，What is reasoning、How to reason、The way of narration and so on are crucial to the results and effects of principled adjudication。

　　Identification of the applicability of bet365 coupon code to judicial decisions

From the perspective of applicable jurisdiction，Public law involves national interests，The rigid nature of legal norms is particularly obvious，bet365 coupon code are given less room to grow，The judicial function of bet365 coupon code has been objectively limited。Whatever helps in reasoning，It is still used directly as the basis for refereeing，Judges are very cautious and relatively restrained in applying bet365 coupon code in the field of public law。Limited bet365 coupon code used in adjudicative documents，And usually appears in the referee's reasoning, that is, the "This Court believes" part，It rarely appears directly as a basis for judgment before the judgment。The generosity and freedom of private law give bet365 coupon code a greater scope for application，The discretion given to judges implicitly includes the application of bet365 coupon code to fill loopholes in legal rules or correct deviations in legal rules。

From the perspective of the value hierarchy of bet365 coupon code，Some bet365 coupon code have universal significance，A value guide for all areas of law，Widely used in adjudications in various departments of law，Reflects the most general value pursuit and spiritual support，There is not much difficulty in proving。Some principles arise from a certain field of legal thought，Enchanted in a specific legal department，Or it started in a specific era，The scope of application is relatively fixed，Limited in the objects and types of behaviors evaluated，The value level and rank of principles are relatively low。When faced with value judgment issues，People are always subject to time, space and cognition，It is difficult to make an absolute yes or no judgment on bet365 coupon code，When faced with the "strongest" field where a certain legal principle is applicable，Should be carefully evaluated、Treat to maximize the benefits of principled refereeing。

　　Inspection of bet365 coupon code and Judicial Adjudication Methods

The significance of bet365 coupon code to specific rules，Should be the basis and method of explanation，Generally based on amendments to laws or expansions、It functions for the purpose of narrowing the scope of application of legal rules。In judicial practice, bet365 coupon code are mainly applied individually or in combination with rules，Or appear in the referee’s reasoning section，Or directly used as the basis for judgment。The application of bet365 coupon code to the reasoning part of the judgment does not create much judicial doubt，Because it conveys the spirit of legislation，It can also be used as a basis for interpreting the legality and rationality of the actor’s behavior。The situation where bet365 coupon code are used as the basis for judgment is more complicated。Among them，The independent application of principles is equivalent to "rule loopholes-principle justification model"，corresponds to the legal theory of "filling legal loopholes" or "legal renewal"，However, this kind of application is not clear enough and too arbitrary，Generally connected with new cases or new legal relationships。In the judgment of this type of case whether a claim for rights that is not expressly provided for in the law should be supported，Due to the absence or flaws in the corresponding rights rules，The application space and application risks of bet365 coupon code coexist。Using principles and rules together is equivalent to "can be solved according to existing rules - rule justification model"，As the primary basis for refereeing or the secondary basis for reinforcing rules，Can better neutralize the risk of justification。

Will principled adjudication cause harm to the rule of law，This worry is not unnecessary。Overall，The current application methods of various types of bet365 coupon code in judicial decisions mostly directly quote the principles and provisions，Detailed and sufficient theoretical evidence is still insufficient。There is no sufficient and reasonable reason to apply bet365 coupon code to the judgment，Perhaps the application of bet365 coupon code to the referee is just a "hasty" choice when the rules are absent or inappropriate，When it is not yet certain whether this principle is the “best order” applicable to the case，The situation is even worse。Many of the people’s bad judicial experiences come from this。Tracing back to the source，The judicial application of bet365 coupon code is essentially to inject the legal spirit and value carried on the principles into judicial decisions，To amend or improve the judicial function under strict rule-based principles。All doubts regarding the judicial application of bet365 coupon code，All can turn to the field of judicial judgment on bet365 coupon code、Conditions and methods，As well as discussions on issues such as judges’ legal beliefs and legal skills。

　(Author’s unit: School of bet365 coupon code and Intellectual Property, Guangdong Technical Normal University)