The Legal Loophole And Typed Analysis Of Methods To Fill Loopholes

Classification of legal loophole of partition is very much.According to the evaluation criteria of project legal loopholes is divided into legal loophole specification loophole loophole, legal loophole, field loophole. Some legal loopholes can be divided into law loophole, violation type system loophole, no system of type system.Apart from that, legal loopholes is divided into from the beginning of holes and later loophole, cognitive vulnerabilities and no cognitive vulnerabilities, I thank these different classification standards are helpful for the author of the paper writing.Based on the classification of legal loophole in reference to scholars, the author examine trial case key volume in China which is through 2001 to 2008, the trial case key- volume in China,which is from 2011 to 2015,the supreme people’s court that is released 52 instructional cases and 2012-2015 "case" for China’s courtwhich is civil part.Through the case of induction and collation of legal loophole, legal loopholes can be divided into neat holes, evaluate legal loophole, collision type loophole,similar situation not normative legal loophole, inappropriate type legal loophole five types.Through the generalization of 4262 civil cases, the author summarized208 cases that is applied in legal loopholes.Faced with the different types of legal loopholes the judges adopt different holes filling methods to apply.I thank the methods to fill the legal loopholes is divided in to the two big legal loophole of packing methods.The one is a system of legal loophole, specific application, purposeful expansion loophole,restricted purpose loophole.The other is outside the system of legal loophole to fill is found to renew the law made law.faced with a legal loophole, the judge is based on a hole to fill method, also adopt to two or more than two methods to fill the loopholes, but all roads lead to Rome, all in order to safeguard the legitimate rights and interests of the parties, the judges will alwalys realize social fairness and justice. The innovation of this article lies in summarying civil case, analying the methods to fill the legal loopholes.The author hops that themethods which is to fill loopholes is helpful to solve the dispute between both sidesand play a good guidance role in society.Apart from that,these methods are good to lawmakers to certify the laws which is inappropriate.amended is endless and reasonable legal norms, to the rational system perfect content system of the rule of law. The author hopes that the writing of the article is benificial to the rule of law system to our country.