Legal principles through the scope of dynamic telescopic、Flexible adjustment of the applicable method to achieve the referee function。The legitimacy of judicial judgment against legal principles、Reasonable、The argument of necessary sex always exists，This is derived from the expansion of the legal principle of its own and people's desire for legal stability，But it does not hinder the principles of legal principles outside the rule of rule，Provide solutions beyond the rules for difficult cases and judicial dilemma。

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This case is a typical case of judging how to judge the damage and aggression results when applying the principle of fairness.。May 2, 2017，Doctor Yang, a doctor of Zhengzhou, dissua Duan Moumou smoking in the elevator，There is a dispute between the two。More than ten minutes later，69 -year -old Duan Moumou's sudden heart disease death。Display according to the surveillance video，Duan Moumou smoke in the elevator room，After Yang entered the elevator，Language disputes occurred on both sides。I am，Duan Moumou is relatively excited，Yang Mou is relatively calm。Later，The two parties continue to go to the property office theory。It didn't take long，Duan Moumou suddenly fell to the ground，Destruction of rescue is invalid。Duan Moumou's wife Tian Moumou subsequently filed a lawsuit with the court，Requires Yang to compensate more than 400,000 yuan。According to (2017) Yu 0105 Minchu No. 14525 judgment display，Judgment of the court of first instance，Although the result of Duan Moumou'bet365 Play online games s sudden death is Yang Mou's failing to predict，There is no necessary causal relationship between Yang's behavior and Duan Moumou's death，But Duan Moumou did suddenly die suddenly after a speech with Yang Fan，According to the principle of fairness，Judgment Yang compensated Tian Moumou 15,000 yuan。According to (2017) Yu 01 Minnate 14848 Judgment Display，The court of the second instance believes，Yang Mou's behavior that Duan Moumou smoked in the elevator room did not exist in the result of Duan Moumou's death，There is no fault in Yang，Do not bear the liability for infringement，The judgment made in the principle of fairness in the first instance has errors in legal applications，and reverse the infringement of public interests of social。Hou Tian Moumou's retrial application has also been rejected。

Fairness principles belong to the legal principles with general legal significance and strong applicability，It is even given the function of re -distribution of social interests。In the present that is more pursuing the referee to be refined，In recent years, the judicial application of this principle has been represented by the occurrence of the above cases，Doubts frequently，Revival the legal principles as one of the legal elements，The realization of its judicial functions still has a lot of room for discussion。

　　Legal Principles of the Judicial Judgment Effect Realm

Situation 1，When the judgment of the referee takes effect when the judgment of the referee takes effect，It is often appropriate for legal principles，Reluctance，Clear argument，Obtained unanimous recognition from both parties，The judge role of the legal principles in this situation is not questioned。Situation 2，The principle of the first instance of the judgment of the first instance judgment and bet365 best casino games results，But it is more thorough and clear，The principle of legal principles of this situation is not suspicious，But the confirmation of the judgment of principles、The principle of the referee exists in legal cognitive differences。For example，Principles of the referee's "Honest and Credit Principles"，Its judicial referee has strong applicability，High acceptance。The famous "Qian Yan Book in the 1990s、People's Literature Publishing House Complaints Zhifen、Sichuan Literature and Art Publishing House Copyright Dispute Case "，The court of the Second instance affirmed the basic conclusion of the judgment of the principles of honesty in the first instance court，Applicable to the relevant provisions of the Copyright Law explained one of the core controversies proprietary dealers，Application of the principle of honesty and credit points to the legal perspective，Proved the infringement of the exclusive copyright of the plaintiff of the original trial as，Overall enhanced the persuasiveness of the second instance judgment。Situation 3，The second instance changes the results of the first instance judgment，It can also be subdivided into the principle of affirmation of the referee in the first instance.，and the principle of negating the principles of the referee of the first instance and change the two types of referee results。Double negation of the principles and results of the first instance of the trial，It is part of the most controversial and discussion of value in different circumstances of the referee，Even the "fair principle" of legal principles that have significant abstraction and universal applicability，There will also be applicable situations。When the liability of infringement，The aforementioned Bet365 app download "Tian Moumou and Yang Mou's Life Rights Dispute Case" is clearly pointed out，The defendant of the original trial discouraged the causal relationship between the smoking behavior and the death of the deceased，and both parties have no fault on the occurrence of damage，The principle of fairness in the first instance judgment belongs to applicable legal errors。

Abstract legal principles are suitable for judicial referees' high requirements for judges。Rules that the referee cannot or does not or at the time，The judicial application of legal principles is desired，But to be fully reasonable、It is not easy to be reasonable。Interpretation depends on the judge's understanding of the original meaning of legislative and legal value，Contains a large amount of uncertain elements，How to reason、How to reason、The way of describing the way is important for the results and effects of principles for referees。

　　Legal Principles Judicial Judgment Application recognition

From the perspective of the applicable land，Public law is related to national interests，The rigid characteristics of legal specifications are particularly obvious，Small growth space for the principle of legal principles，The referee function of the legal principles is objectively limited。Whether it is helpful for reason，Still directly used as the basis for referee，Judges are very cautious and relatively restrained in the field of public law。Limited legal principles used in referee documents，and generally appear in the referee theory, that is, "the court thinks" part，and rarely appear directly as the referee basis before the judgment。The generosity and freedom of the private law make the legal principles more suitable space，The hidden tailoring of the judge contains the principle of applicable legal principles to fill the loopholes bet365 live casino games of legal rules or correct the deviation of legal rules。

From the perspective of the value level of legal principles，Some legal principles have universal significance，Can be the value guidance of all legal fields，Broadly applicable to the laws of various departments of the laws of various departments，It reflects the most general value pursuit and spiritual support，There is no major difficulty in the establishment of the certificate。Some principles are born in a certain area of ​​legal ideology，Given in a specific legal department，or start in a specific era，The scope of application is relatively fixed，Limited in terms of evaluation objects and behaviors，The value level and level of principle are relatively low。When facing the problem of value judgment，People are always subject to time and space and cognition，It is difficult to make a judgment that is absolutely or absolutely judged on the principles of legal principles，In the face of a certain legal principles, there is an applicable "strongest" field，Should be carefully evaluated、Treatment of referee benefits with the principle of maximizing implementation。

　　Legal Principles Judicial Judgment Method View

Legal principles to the meaning of specific rules，It should be the basis and method of explanation，Generally based on correction or expansion、The purpose of limiting the scope of the applicable scope of the legal rules is played and played a role。The legal principles in judicial practice are based on individual applications or joint rules.，Or appear in the referee part of the reasoning part，or directly as the basis for judgment item。Legal principles are applicable to the judicial doubts caused by the referee theory.，Because of its transmission of legislative spirit，It can also be used as an interpretation basis for the legitimate and reasonable nature bet365 live casino games of the behavior.。Legal principles as the basis for judgment are more complicated。where，The individual application of principles is equivalent to "rules vulnerability -principle proved pattern"，Corresponding to the "legal loopholes" or "legal continuation" legal，But this applicable clarification is insufficient and the arbitrary is too large，Generally connected with new cases or new legal relationships。Whether the right request required by the law without the law should be supported by the referee of this type of case，Due to the absence or leakage of the corresponding rights rules，Applicable space and applicable risk coexistence of legal principles。Principles and rules and use it equivalent to "according to existing rules to solve -rules proofing mode"，The secondary basis for the main basis or reinforcement rules of the referee，Can achieve the neutralization of the risk of evidence。

Principles The referee will cause damage to the rule of law，This worry is not extra。Overall，Various types of legal principles of legal principles of judicial judgments are used to directly quote the principle provisions，For detailed and fully speaking theory testimony, it is still insufficient。and referees when the principle of application of applicable is not fully reasonable，Or the principle of applicable to the law of law is just the choice of "warehouse" in the case of absence or inappropriate rules，It is not yet possible to confirm whether the principle is when the "best order" suitable for the case，The situation is even worse。Many bad judicial experiences from the public come from this。Pursuing the source，The judicial application of legal principles is essentially injecting the legal spirit and value carried on the principle into the judicial bet365 Play online games referee，Function of justice under correction or strict regularism。All doubts about judicial application related to the principles of legal principles，can be turned to the field of judicial judgment on legal principles、Conditions and methods，Discussion on issues such as the rule of law belief and legal skills of the judge。

　(Author Unit: School of Law and Intellectual Property, Guangdong University of Technology)