School of Humanities and Law, North China University of Technoligy Henan Agricultural University, Beijing 100043, China
“is a Law Renewal Real” is an Important Theoretical Question. It Contains Two Sub-Questions: Firstly, in the Legal System,Whether It is Necessary for the Legal System, and Whether This Concept is Independant Tocan Be Legal Interpretation? Secondly, If the Renewal of the Law is Real, Will This Application Break the Normative of Law? To Address These Issues. First of All, This Paper Defines the Relationship between the “the Open Text of Law” and the Generality of Law, and the Existence of “the Open Text of Law” Does Not Break the Generality of Law. On the Contrary, It Shows That Generality is Achieved through the Understanding of Legal Norms. Secondly, Law Renewal Exists as a Way of Legal Understanding, Which is Different from Legal Interpretation in Concept, Utility and Function. Finally, Legal Renewal is Often Blamed for “Judge Legislation”. However, Compared with the Legal Interpretation Applicable to the Content of Legal Provisions, Legal Renewal to Fill the “Loophole” through Legal Reasoning under the Legal Value, is Not Contrary to the Rule of Law to Make Judicial Argument.
Legal Renewal, Legal Interpretation, Legal Methodology
Hanchao Liu. Is Legal Renewal Real?. The Frontiers of Society, Science and Technology (2019) Vol. 1 Issue 11: 62-66. https://doi.org/10.25236/FSST.2019.011111.
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