How to overcome the limitations of the law

How to overcome the limitations of the law, as follows:

1, fill the legal loopholes: when the law has a loophole, the judge can not refuse to adjudicate the case, at this time, the judge has the obligation of the law renewed, that is, to fill the loopholes in the law.

2, to overcome the uncertainty of the law, limit the judge's discretion: the uncertainty of the law leads to the generation of discretion, the exercise of discretion may lead to the same case different judgment. To realize equality before the law, the discretion of judges must be limited. "Prohibition of escape to general provisions" is one of the ways to limit discretion.

Methods to fill legal loopholes include:

1. Applying legal principles when there are loopholes in legal rules.

2. Informal sources of law are applied when there is a gap in the formal sources of law.

3. Creative interpretation of the law can also serve to fill gaps in the law. Fill obvious loopholes by means of purposive expansion, and apply purposive limitation to fill hidden loopholes.

4. Analogical reasoning, ipso facto reasoning, and reverse reasoning can also serve to fill legal gaps.

"General provisions" is more abstract, more general provisions, the general provisions of the greater discretion granted to the judge, the principle of the requirements of four:

1, the same organ between the general law and the special, the priority of application of the special law;

2. Between a superior law and a subordinate law, when the subordinate law is in conformity with the superior law, the subordinate law shall be applied with priority;

3. Between the provisions of rules and the provisions of principles in the same normative legal document, the rules shall be applied with priority;

4. Between the provisions of the general provisions and the provisions of the sub-legal provisions in the same normative legal document, the provisions of the sub-legal provisions shall be applied with priority.

5. Overcoming the rigidity of the law and realizing justice in individual cases.

Expansion of knowledge, the limitations of the law:

1, the law is an important factor in the development of society, the law generally can not go against the objective law of social development.

2, the various attributes of the law itself determines that not every social relationship is suitable for legal adjustment, and the law can not replace other forms of social adjustment, but should be compatible with other social adjustment measures.

3, the degree of social use of the law affects the role of the law to play, a certain social relations require appropriate legal adjustment, the law provides more than by the degree of social constraints or not up to this extent, will have a negative impact on the development of social relations, so that the society into the excessively organized (rigid, stereotyped) or unorganized.