TheThat the legal blank, is that no or not relates to appear in all sectors of the society in legal field, in these fields appeared and must be made by the laws and regulations to be a situation or problem solving, under normal circumstances, also known as the loopholes in the law.

    Thus, we can see that the characteristics of legal gaps, both the concept of space in the actual concept, characteristics and also has the concept of time. Space, the legal system can be seen as a net, whether as a result of this network is broken, or the area is too small, it does not cover the local is the legal blank; time, legal gaps, is fundamentally between law and social development there is time difference and legislation the process is less than or much lower than the speed of social development, the economic base and superstructure, the relationship between productivity and relations of production is extremely uncoordinated. So, when we analyze the origin of legal gaps appear, is relatively easy to say clearly.

   Simply put, the reason China legal gaps appear, there are the following several points: first, the theoretical foundation, is because the fundamental contradiction in China by, the people's growing material and cultural needs and the backward productive forces can not meet the people's demand of contradiction between, leading to economic base and superstructure, appeared to be not coordinated and some of the contradictions between productive forces and production relations. Second, space, and objective reasons, to improve China's vast territory, numerous nationalities, complex country, large regional differences caused by the construction of legal system of difficulties. In time, the new China set up a short time, and is the world's largest socialist country. Therefore, the legal system characteristics of the one and only has decided no precedents, so slow.

   In addition, in my opinion, there is another important reason to cause people especially legal professionals have to concern and attention. That is, the current legislation in our country in unconsciously into the post legislation, is voluntary and state legislation. That is to say, China's legal development and introduction is often after things have occurred and caused heavy casualties and property losses, strongly reflect the social from all walks of life, the legislative organs began to actively develop and amend the law, this is afterwards legislation, legislation is voluntary. I think, this is why every year in our country new promulgated many laws, but vulnerabilities reduce not only causes and there is a growing tendency.

   Here, the need to let everyone know that, whatever the reason theory is objective and realistic reasons, they can not be solved in a little while, must pass through the long time economic construction and social development will gradually ease. The current situation, want to alleviate or solve the legal gaps in China are frequent, as far as possible to reduce the social tragedy, protect people and property safety of people, I think, the legislative organs should try to "super era legislation", namely pre legislation, in other words, is in the verticalMethod of adherence to the "first law", "advanced legislation" principle, the if placed in the economic field, just like "the expected transaction". Imagine, than after the legislation caused by legislative blank and social loss, advance legislation can greatly reduce or even avoid the unnecessary loss, maybe some people will say: how do you know what happened next? Random guessing legislation, legislation and how to ensure the preciseness of legislation and legal solemn? Well, I have plenty of reasons to explain your doubts, to answer your question.

 First, I need to let you know, I didn't clear before the legislation will be able to reach all things happened after a period of time. I don't think so, because I'm not the god. I just want to point out that: every thing will be many obvious signs appear in several areas of society in the event of sentiment. The so-called pre legislation, is in this kind of thing has emerged signs, has a fifty percent chance of occurring, then after this matter and may occur in some cases or impact and legislation to clear, standardize and prevention of whether this standard may involve several future. Many aspects, no one can deny, this than after legislation is beneficial to the society more, logical reasoning ability even legal experts too poor, a also didn't hit, however, compared to the huge losses caused by later legislation, before the legislation of loss less and less. We should bear in mind that Premier Wen's words: in the China, again small things, multiplied by one billion three hundred million will become the big things. Perhaps beforehand the law only hit one aspect, this may not have too much significance to lawmakers, but multiplied by one billion three hundred million, is perhaps the significance of many people's life.

 Second, China is a socialist country, all power belongs to the people, all countries should adhere to the implementation of institutions are the best interests and aspirations of the people. That legislation is rigorous, the law is sacred, so reckless behavior is to advance legislation law and legal workers. I think, people who hold this view are few and less and less, because all the people understand: and the one billion three hundred million people's life and property, the rights of happiness, what is rigorous, what divine, only ranked second.

 Third, before the legislation is to have a say, the possibility of very high to be preventative legislation, not guesswork 100 200 years later what will happen. Therefore, to have higher wisdom people, according to the sign prediction obviously is happening is a be an easy job to, those opposed to advance legislation is fundamentally denied the person's subjective initiative, insult people especially Chinese wisdom. As everyone knows, USA constitution there is one other state constitution are not proud of it, is the stability of incomparable, and compared with the Chinese constitution, has formed five years a revision of the constitutional law. This is indeed an embarrassment. So, why the difference? A very important reason, is the primary constituent in American constitution is to insist on the "super era legislation". For example, America law allows citizens to have guns, according to the provisions of this law, America explanation is: to protect people against the possibility of future power the power of the government. It is difficult to imagine, lawmakers American why do so far, is because they are in the legislation but something will happen, but must adhere to the "first law", this is not afraid of ten thousand, just in case the spirit and rigorous thought. At this point, I think, from the legislators who did not see the contempt for the law, but the kind of rigorous and sacred, that is the dignity of law and the rights of the people of the dialectical relationship between real.

    So, the first Legislative rationality I have explained clearly, then, is its methodology. To give an example, in recent years, the relevant legislation of our country famous sociologist Li Yinhe has been committed to homosexuality, but has not members of the CPPCC and NPC attention, however, before the USA, President Obama ordered the command later not to not recognize gay marriage union "maintenance of marriage law" for defense, in this regard, the Minister of justice Eric Holder said, the key provisions of the law is not in conformity with the relevant standards, the Congress in the morality of homosexuals hostility against the constitution, this hostility based on stereotypes basis with the equal protection clause expressly prohibited. Thus, the implementation of the basic premise is to advance the legislation, with people's ideas. Therefore, for China people, especially members of the CPPCC and NPC deputies, further emancipate the mind, establish a long-term vision and strategic thinking, and actively make the development of ideas and the world trend changes are connected, and not just focus on Chinese situation is very necessary; in addition, is to further promote the Chinese people's Political Consultative Conference and the National People's Congress's election mechanism representatives of the members, to promote younger, I think this is not what is not good, in fact, people in China young fields including government agencies are already obviously trend.

    To sum up, the legal blank about Chinese, my basic view to statement is completed, I believe, the socialist legal system with characteristics of complete Chinese can not far away in theThe future is good Chinese people create, maintain one billion three hundred million people become China sacred right, promote the modernization of Chinese weapon and power!