| The discussion on legal principles in China is generally centered around two aspects, i. e. the over-generalization of legislation and the basic legal principles provided for in legislation. There are substantial differences between legal principles in this sense and those discussed by Dworkin. Whereas Dworkin's discussion is aimed at emphasizing the certainty of law, the discussion in China emphasizes the fuzziness of law. The discussion on legal principles mainly involves the relationship between principles and rules in the process of legal reasoning. For the purpose of the rule of law, legal reasoning must take legal rules as its major premise. Legal principles can be used in legal reasoning when there is uncertainty, ambiguity and self-contradiction in legal rules. However, such principles must go through a process of determination before they can be used in legal reasoning. |
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