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在法律方法的研究中,漏洞补充具有重要地位,其基本含义是对法律规范中出现漏洞的情况进行填充。法律漏洞可以分为开放性和隐藏性两种,这也决定了其具体方法包括类推、目的性限缩和目的性扩张等等。但是,由于宏观和微观两方面的原因,也有学者对漏洞补充的地位提出质疑。只有充分认识到漏洞补充的价值及其限度,才能准确对其进行理论定位。
In the study of legal methods, vulnerability supplement has an important position, the basic meaning of which is to fill the gaps in legal norms. Legal loopholes can be divided into two kinds of openness and hiddenness, which also determines the specific methods include analogy, the purpose of narrowing and the purpose of expansion and so on. However, due to both macro and micro reasons, some scholars have also questioned the status of vulnerability replenishment. Only fully aware of the value of the vulnerability and its limits, in order to accurately their theoretical positioning.