This situation generally appears in civil law. If there are no specific provisions, judges have discretion and will make judgments according to the principles, theories and habits of civil law.

The highest principle of criminal law is a legally prescribed punishment for a crime, and all crimes in criminal law are concrete. Only the range of sentencing can make the judge have certain discretion according to the situation of the case.

In administrative law, it is emphasized that law cannot be done without authorization. If the law does not stipulate the behavior of the administrative organ, and the administrative organ makes such behavior to the relative person, the judge will decide to revoke or confirm the violation.