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法律本身是以不变的规则应对万变的社会事实,并企图用这样的规则逐步接近法治的理想。但原本在国际法领域中广泛存在的规避法律行为,近年来也大量流行于国内法领域中。法律被规避,甚至被架空。这种现象在社会转型期更为明显。尽管理论上,它往往受到轻视,但在实际司法运作中,规避法律却广泛并真实地存在着。本文从法律解释视角,对规避法律活动进行对策分析。
The law itself responds to the ever-changing social facts by invariably applying rules and tries to gradually approach the ideal of the rule of law with such rules. However, the widespread evasion of legal acts in the field of international law has also become widespread in recent years in the field of domestic law. The law is circumvented and even overhead. This phenomenon is even more evident during the social transition. Although theoretically it is often contemptuged, in actual judicial operation, evasion of laws is widespread and real. This article from the perspective of legal interpretation, to avoid legal activities countermeasure analysis.