The Logic Of "Purposeful Expansion" In Administrative Law

Facing the rapid development of Chinese social life,statute shows the relative lag and imperfection,and there will inevitably be legal loopholes in the process of law application.The attention to the filling loopholes has led to the emergency of legal hermeneutics as the times require.However,the traditional law methodology,which is generally concerned and widely studied in academic circles,is mainly based on civil law,and the particularity of administrative law is not reflected.In fact,China’s administrative law has always been supported by principle of administration by law,however,the connotation of principle of administration by law has been required to be open in the face of the current situation that the main body of norm-making in the field of administrative law is pluralistic and the legal norms are scattered and chaotic.Effective methods of legal interpretation are needed to balance the tension between "law without express provisions cannot be"and the continuation of law,and to break through the strict form of principle of administration by law,so as to ensure that administrative organs can play a better role in effectiveness.Unlike the nature of the relationship between the structure of the civil code and the life regulated by it,a distinct feature of public law is that it must face complex and multifaceted public welfare considerations.Therefore,the normative structure of public law order is also more complex,such as the application of legal principles and purpose program legal norms.As well as it is very important to construct the methodology of administrative law through individual cases.In the"Penalty for Huifeng Bei Zebra Crossing"of No.90 guiding case,the judge completed the loophole of the legal norms of comity in front of the motor vehicle zebra crossing by means of the opportunity to resolve the case dispute.Article 47,paragraph 1,of the "Road Traffic Safety Law of the People’s Republic of China"(hereinafter referred to as the "Road Traffic Safety Law")stipulates that:"When a motor vehicle passes a pedestrian crossing,it shall slow down;when a pedestrian is passing a pedestrian crossing,it shall stop and give way."Within the possible meaning of the law,the basis for the punishment of pedestrians who are not comity to the pedestrian crossing is not directly derived.In other words,if the literal of the law is adhered to,the administrative organ in that case will be strictly bound and cannot make lawful administrative penalties.The second instance judges filled the legal loopholes in accordance with the method of "Purposeful Expansion" in the face of possible injustice caused by the application of existing provisions,thus the conclusion was drawn that although the administrative organs in this case engaged in administrative activities creatively,they still conformed to the principle of administration by law.When applying the method of "Purposeful Expansion",attention should be paid to the study of the normative intent and the expansion based on the existing legal norms.In addition,the application of "Purposeful Expansion"method must have a certain limit,that is,subject to the restriction of the principle of administration by law and the effectiveness is limited to cases in the present hands.