Systematic Explanation of the Basic Principles of Civil Law and Solving the Dilemma of Judicial Application

Abstract

The basic principle of civil law is the basic criterion that runs through the whole civil legislation and plays a leading and guiding role in various civil systems and all civil law norms. This article aims to discuss the systematic interpretation of the basic principles of civil law, including the principle of equality, the principle of autonomy of meaning, the principle of honesty and credit, the principle of prohibiting the abuse of rights and the principle of public order and morality, etc., and analyzes its difficulties and strategies in judicial application. Through in-depth research on the basic principles of civil law, this article tries to provide theoretical support and practical guidance for improving China's civil law system and improving judicial fairness and efficiency. This article believes that the basic principles of civil law are not only legislative guidelines and codes of conduct, but also the legal basis for judicial organs to carry out creative judicial activities, which is of great significance for its systematic interpretation and the solution of the dilemma of judicial application.