目的性限缩和目的性扩张是填补立法漏洞的两种特殊方法。目的性限缩即对于字义过宽而适用范围过大的法定规则,依法律规范的目的或其意义脉络,将其限制适用于宜于适用的范围,将不适宜的部分排除在外,也即“限缩”其适用范围。目的性扩张则是依法律目的应将某类事件包含在法律适用范围之内,立法却未将其包括在内,因此应扩张法律适用范围以涵盖此类事件。刑事诉讼法的目的性限缩与扩张除应遵守合宪性原则、不得不利于当事人原则、必要的司法克制原则之外,还应遵循与规范目的一致原则和正当程序原则。 Purpose-limited and purpose-based expansion are two special ways to fill the loopholes in legislation. The purpose of narrowing the meaning that is too wide for the meaning of the law is too large and the scope of the statutory rules, according to the purpose of the norms of law nor its context, its limitations apply to be suitable for the scope of the inappropriate part of the exclusion, that “Limit shrink ” its scope of application. The purpose of expansion is that the legal purpose should include a certain type of incident within the scope of the law, the legislation did not include it, so the scope of the law should be expanded to cover such incidents. In addition to complying with the principle of constitutionality, the principle of restricting and expanding the criminal procedure law has to be beneficial to the principle of the parties and the necessary principles of judicial restraint. The principles of the principle of consistency with normative purposes and the principle of due process should also be followed.