Jurisprudence Analysis Of Legal Vulnerabilities

In today's rule of law society,law is the key to maintaining social stability and people's life order.Especially in China,a big country with a large population and many different ethnic groups living together,the value of the law is even more important.However,in the development of human society,the lag of law inevitably leaves the legal norms in a rigid state.Legislators often fail to create complete legal norms that cover all aspects of life because of their limitations.Among them,the stability of the law is the essential requirement of the legal order.The law that changes the law is also difficult to be awe,and the authority of the law is naturally greatly reduced.In the current social environment of rapid development,the contradiction between the lag of law and the "supply in short supply" of the new relationship born in human life communication is also increasingly prominent.In the final analysis,the law exists for the survival and development of human beings,and the operation of the law needs to be realized in a series of judicial practices.The court is the first stop of legal work.Judges are also pioneers in the judicial battlefield.The contradictions bom in society are often first discovered and used by judges when dealing with cases.But in many cases,the law only provides a limited reference to the judge when the case begins first.The final judgment is some fulcrum that is not the law,such as public order and good habits.Even sometimes,for some cases,the law has no relevant regulations at all.Therefore,giving judges a certain degree of discretion is conducive to the realization of legal values and the maintenance of social fairness and justice.However,when a judge decides a case,he must follow the law.How can he deal with it in the absence of legal norms?There are loopholes in the setting of laws,and legal loopholes are theoretical and practical issues that no country under the rule of law can avoid.Such as Mr.Liang Huixing's "Commercial and Commercial Law",Mr.Yang Jiejun's "Legal Loopholes",Mr.Huang Jianhui's "Legal Loops and Analogy Applicability",Larenz's "Law Methodology" and so on,all form legal loopholes A complete theoretical system.This thesis is based on the predecessors,through the sorting and induction,and learns the doctrines of each family,thus drawing the author's own views.The innovation of this paper is in the fourth chapter.The author compares the method of legal transplantation with the method of legal trapping,and initially concludes that the method of legal loophole filling has a cross relationship with legal transplantation.In the current trend of globalization of law,every country ruled by law cannot avoid this problem.With the development of the legal system,as a legal system that safeguards the social order of each country and safeguards the rights and interests of the entire human being,its common goal cannot be ignored.While properly utilizing local resources,we should actively introduce foreign excellent legal culture to continuously improve our country's legal system,and even improve the overall legal order in the world.Recognizing and actively filling legal loopholes is an indispensable link in the current legal system.Writing this article hopes to play a guiding role in the future judicial practice.