关键词: 民法总则, 法律规避, 法律解释, 类推适用, 法律续造

Abstract: Through over a thousand years’evolution，the concept of evasion of law，which originates from the Roman Law，has fully embodied an interaction between legal interpretations. It has broad and narrow senses. The broad sense refers to the litigant’s achievement of the same or similar economic goal，which can normally be achieved by violating the law or by satisfying certain legal requirements，though actions that do not violate the standard textual meaning of bans or through actions that do not accord with standard legal content；the narrow sense has an additional violation of normative intention. Evasion of law lacks legislative legitimacy in China’s civil code. It is impossible and unnecessary to become an independent legal system，the preconditions of which are that its constituent elements and legal effect can be established. Evasion of law is not sufficient to become a legal regulation；it can only be a description of an objective phenomenon. With this phenomenon，the law users must examine whether the goals of the existing legal norms can be implemented，that is，use analogy to examine if there are legal loopholes and fill up them to achieve the legislative goals while properly responding to evasion of law.

Key words: general provisions of civil law, evasion of law, legal interpretation, application by analogy, law renewal