What is the application of the law? Characteristics of applying the law
1. What is application of law?
Applying law is an activity of state power, carried out by competent entities, through strict processes and procedures prescribed by law, in order to individualize legal norms into rights. , specific obligations and responsibilities for individuals and organizations in specific cases.
Applying the law is a form of implementing the law, but this is a very specific form of implementing the law, because only applying the law can make the law thoroughly implemented in real life. .
In fact, in many cases, without State intervention, subjects do not implement or do not fully implement legal norms. In essence, applying the law is the process of institutionalizing people’s power and the will of the state through the actual legal adjustment mechanism. Thus, applying the law is both a form of implementing the law and a measure to ensure that the law is implemented in practice.
2. Characteristics of law application
2.1. Applying the law is an activity of state power
Law is issued and guaranteed by the state itself, so it must have state power, specifically:
– Law application activities are carried out by competent entities within the scope of their duties and powers. Each state agency or authority within its jurisdiction may only carry out certain activities applying the law. Applying the law is the basis for agencies to perform their functions.
– Law application activities express the will of the state. The process of applying the law can be unilateral in the will of the state or the state can also recognize the will of the relevant subjects. This speaks to the proactive role of the state in controlling and operating society.
– Decisions of state agencies when applying the law (legal application documents) are binding for all relevant organizations and individuals. In necessary cases, the state can enforce the enforcement of legally effective decisions to apply laws. For example, if an individual has a prison sentence, if he does not voluntarily comply with the sentence, the competent authority will escort him to jail.
2.2. Applying the law is an activity conducted according to the strict order and procedures prescribed by law
Law application activities are important and complex, greatly affecting the rights and interests of relevant entities, so the law must clearly define the basis, conditions, order, procedures, and rights. and the obligations of the parties in the process of applying the law to avoid arbitrariness leading to inaccurate application of the law. Depending on each area of application of the law, the order and procedures are established accordingly. For example, the resolution of a criminal case must be carried out according to the provisions of criminal procedure law, and the resolution of a civil case must be carried out according to the provisions of civil procedure law. .
2.3. Applying law is the activity of individualizing legal norms for each specific case
Applying law is the activity of resolving actual, specific cases on the basis of legal norms. The objects of legal application are social relationships that require individual adjustment on the basis of general orders in legal norms. It is thanks to the process of applying the law that many legal norms are able to be implemented in practice. Furthermore, on the subject’s side, thanks to the application of law, it is possible to determine the necessary legal limits in terms of the content of rights, obligations, responsibilities as well as related legal responsibilities when participating in public relations. legal system.
2.4. Applying the law is a scientific and creative activity (creativity within the scope of the law)
When applying the law, competent State agencies must study the case, on that basis select regulations, issue documents to apply the law and organize enforcement.
In cases where the law does not have regulations or the regulations are unclear, it must be applied creatively by applying similar laws, applying customs, habits, legal precedents or common sense and fairness to handle. For the application of this law to be truly effective, it requires the authorities to have high legal awareness, general knowledge, rich experience, and at the same time be flexible, creative, and not mechanical. tools to solve real-life incidents in the most correct way.