Cognizance And Filling Up Of The Legal Loophole

This thesis is composed of leading and main body and conclusion.The leading discusses the source of the issue of the thesis, and defines the character of it. After that , it explains the theory and study method ,which are the view of justice and the method of combining the theory and true cases .The first and second chapters conclude the theories about the issue of legal loophole. The first chapter is about the Concepts and basic theory. Firstly, explaining the basic concept of the legal loophole. secondly, introduce the different theories of legal loophole according to the three law schools; in the end ,introduce the traditional theories which are of governing status in some main countries from the view of comparative law. The second chapter is about the kinds of legal loophole, introducing some groups of the kinds of legal loophole according to different standards; introducing legal loophole and statute legal loophole, obvious 1 loophole and hidden loophole; original loophole and afterward loophole. And giving simple introducing other common kinds.The third chapter is about the cognizance of the legal loophole, which is of the course of finding the legal loophole, mainly happening during finding the laws after cognizance of the fact. the chapter mainly discusses the types of cases, cognizance standard and preventing to abusing the cognizance of the legal loophole.The fourth chapter is about the filling up of the legal loophole. The most important problem of the legal loophole is filling up the legal loophole. Therefore, this chapter is the longest chapter ,which is also the main body .The chapter mainly introduces four most common methods of filling up the legal loophole and simply introduces other methods.The fifth chapter is about the development of the skills of filling up during the justice experiment in China and explains the main problems during the development.The six chapter is about the relationship between the filling up legal loophole and the theory of legal argumentation, introducing how the theory is applied during the different methods of filling up and how it affects when overcoming the subjective factors.The conclusion discusses the problem which the thesis tries to settle and the meaning of the thesis.