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一、法律因素法律因素是指法院审理民事案件时应严格遵守法律规范,保证裁判依法为之。法律是司法的基础,司法是法律的延伸,法律因素因此成为民事裁判应考量的首要因素。我国实体法与程序法均规定裁判必须以法律为依据。如民法通则第六条规定民事活动必须遵守法律,法律即为当事人的行为标准和法院的裁判依据;民事诉讼法第七条规定人民法院审理民事案件,必须以事实为根据,以法律为准绳。在司法实践中,绝大部分案件特别是常规性案件主要依据法律即可作出裁判,这是由司法的本质所决定的。
First, the legal factors Legal factors refers to the court hearing civil cases should strictly abide by the laws and regulations, to ensure that referees according to the law. Law is the foundation of justice. Judicature is an extension of law. As a result, legal factors become the primary factor that civil adjudication should consider. Both substantive and procedural laws in our country stipulate that referees must be based on law. For example, Article 6 of the General Principles of Civil Law stipulates that civil activities must abide by the law and that the law is the party’s standards of conduct and the court’s referee basis. Article 7 of the Civil Procedure Law stipulates that people’s courts should handle civil cases based on facts and the law as the criterion. In judicial practice, the vast majority of cases, especially regular cases, can be judged mainly by law, which is determined by the nature of the judiciary.