Lei CAO. Legal Loopholes Filling: Theoretical Source and Function Location[J]. JOURNAL OF UNIVERSITY OF JINAN (Social Science Edition), 2020,30(3):150-156.
Lei CAO. Legal Loopholes Filling: Theoretical Source and Function Location[J]. JOURNAL OF UNIVERSITY OF JINAN (Social Science Edition), 2020,30(3):150-156.DOI:
The concept law school and new natural law school believes that the legal system can be logically self-sufficient and there are no loopholes in the law. With the passage of time and the deepening of research
the free-law school
interests law school
analytical law school and so on demonstrate the inevitability of the existence of legal loopholes from different angles and the necessity of filling the loopholes by judges. When people realize the reality that legislation cannot be omnipotent
legal research has also completed the shift from legislative centralism to judicial centralism. As the last line of defense of the right remedy
the judiciary must try its best to fulfill the task of safeguarding the right
and not refuse to judge claiming that the law is not stipulated or there is a deficiency
which means that filling the loopholes in the law belongs to the proper meaning of the judicial power. In contrast to eliminating legal loopholes by means of legislation or amendment
judges can obtain the most rapid relief by filling legal loopholes within the scope of judicial authority. In this process
creative judicial work tested by practice can supply the most valuable raw materials for future legislation.