Fill The Legal Loopholes In The Administrative Litigation

Any law is not perfect, there are loopholes. With the rapid development of modernsociety, new legal cases and difficult cases appear constantly. The judge in the treatment ofthese cases, often find legal loopholes exist, in order to achieve a fair case, ensure thelegislation purpose, fill has become an indispensable method of the legal loopholes. As amethod of generalized legal hermeneutics, filling loophole plays an important role injudicial practice.In the administrative litigation, filling loophole not only relates to the discretion of thejudges, but also relating to administrative, legislative, judicial three party power allocationproblem. China is a civil law country, in principle does not recognize the judge to fillloopholes in the law, with no legal basis or legal provisions are not clear case, the judgecan not refuse referee, if the trial is not to fill loopholes in the law case, justice of the trialresults will questioned. The judge in the administrative litigation is to fill the loopholes inthe law, it is necessary to. Because exercise can effectively supervision of administrativepower, better safeguard the lawful rights and interests of the parties, but also moreconducive to the trial of administrative cases. In this paper, through the analysis of the administrative legal loopholes in that case, legal loopholes in administrative litigation ofour country and existing problems, and puts forward specific solutions, the concept of thejudge to fill in the application of law in administrative litigation.