The Shrinkage Of Extrajudicial Space Theory

Within an established legal system,are there only two legal states:legal and illegal?For the vast majority of actions,the question is certain,and the legal dichotomy between"legal" and "illegal" has become a consensus,and indeed almost all cases in daily life can be solved.However,the lag of the legal evaluation system is also the same as the lag of the law,there are still omissions for very few cases,and it is particularly appropriate to solve these very few cases in terms of extralegal space,so this article focuses on the application of extralegal space theory in the current legal system.The extralegal space theory gives legal acts an intermediate state that is "neither illegal nor illegal",providing a new perspective for defining the nature of legal acts.In terms of the current stable legal system,the evaluation content implanted outside the system will affect the smooth operation of the original legal system.Therefore,for the application of the extralegal space theory,it is necessary to strictly limit its scope of application,and the purpose of writing this article is to continuously narrow the scope of application of extralegal space,so that it can be applied in the field of actual justice.This paper has gone through three aspects of limiting the extralegal space theory:first,it is to limit the extralegal space theory itself,and determine that the subject discussed in this paper is the legal non-evaluation theory in it;The second is to limit the applicable law department that has no evaluation of the law,and strictly limit it to the criminal law department;Finally,the specific application of extralegal space theory is narrowed,and several situations that may involve extralegal space theory are discussed,and finally limited to cases such as legitimate defense,emergency avoidance,and conflict of obligations involving life.