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Guangqi Scholar and Distinguished Professor Liu Zuoxiang of Shanghai Normal University Came to HNUC to Give a Lecture

2019-02-22 14:59:14

On November 11, Professor Liu Zuoxiang, the Chinese well-known jurist, Guangqi scholar and distinguished professor of Shanghai Normal University, and doctoral supervisor, was invited to HNUC to give a lecture entitled “Ways and Methods of Filling Legal Gaps in Judicature”. The lecture was hosted by Xiang Yanzhong, secretary of the Party Committee of School of Law and Public Administration. Some teachers and all postgraduates of the university attended and listened to the lecture.

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Professor Liu Zuoxiang believed that among the new 16-character policy of “Scientific Legislation, Strict Law Enforcement, Judicial Justice, and All People Being Law-abiding” put forward by the 18th National Congress of the Communist Party of China, “Judicial Justice” should be based on “Strict Justice.” Currently, in our country, there are still vacancies of law, and while the court must adhere to the principle of “no refusal to the judgment”. Under these macro backgrounds, it is of great theoretical and practical significance to explore the ways and methods of filling legal gaps in judicature. Professor Liu further proposed that habits, judicial interpretation, guiding cases, national policies and reasoning by presumption could fill the legal gaps in judicature.

Professor Liu deeply analyzed these five ways and methods by citing specific cases, from “whether this method has legal basis and application premise” to “the legal status and role of this way”. He stressed that applying habit to fill legal loopholes must comply with two premises: vacancy of law and no violation of public order and moral; applying judicial interpretation should be based on the premise of citing laws; guiding cases are judicial acts and could not be used as a basis for direct judgment while could be used as a juridical reason; for the national policies, it is necessary to actively play its normative role and explore the basis of policy when law is not explicit; and reasoning by presumption is a judicial method, so new right claims should be addressed with a positive attitude with tolerance.

In the interactive section, teachers and students of our university, according to some real cases, focused on “whether legal principle is a way of filling the legal loopholes, why habit is not a legal source, whether a non-guidance case could be used as a juridical reason, whether habit could be applied in criminal law”. Professor Liu answered them carefully one by one. The lecture has deepened students’ understanding on filling legal loopholes, broadened their academic horizons, and helped to develop their critical legal thinking. (Text / Wang Qing  Photo / Cao Yuwei)


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