On Instructive Cases And Complements Of The Legal Loopholes

This article discusses the problem of instructive cases and complements of the legal loopholes. Both in legal theoretical and judicial practical areas, loopholes in law must be paid fully attention and need to find a way-out. As a complementary factor to legal loophole, the reasonableness of judical precedent has been commonly identified among scholars. In China, typical cases in the "Supreme Court Bulletin" issued by the Supreme People's Court are undoubtedly the most authoritative, demonstrative and guiding complementary elements for loopholes. However, in our judicial practice on legal loopholes, typical cases do not play its due role. In this context, the article commences the study on the relevance between typical cases in "Supreme Court Bulletin" and complements of the legal loopholes, expecting to raise attention from legal theory and judicial practices on the role of the loopholes in typical cases through discussion.This article argues that only a more profound understanding to the legal loopholes and those complements is achieved, with the currently actual situation of justice on legal loopholes and further strengthening of typical cases balancing functions, can vulnerability problems on legal loopholes arising in judicial practice be better addressed. The content of this article firstly based on the definition of related concepts of typical cases and legal loopholes and through the analysis of rationality and superiority on typical cases as complementary elements of loopholes, and then states the practical construction and concrete applications to typical cases of legal loopholes.