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Case Law Research

Posted on:2005-08-05Degree:DoctorType:Dissertation
Country:ChinaCandidate:X JiangFull Text:PDF
GTID:1116360122481880Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Characterized by it's reliance, accuracy, equality, Avoidance of Arbitrary Decision Making, Case law stands as cornerstone in modern judicial interpretation. In view of this, the research on case law becomes more and more popular in recent years. Stressed on the evaluation and legal plant of the case law, The analysis of this article is to demonstrate that the evaluation and legal plant of the case law will play a crucial rule in fulfilling the individual justice, prompting the unification of administration of justice and mobilizing the independence of justice.1, The structure of the thesis and arrangementThe thesis, which designed to analysis the doctrine of case law and it's principle of interpretation of law, is divided into 6 chapters, covering the following parts: 1, The definition of relevant words and connections between them; 2 , The analysis of birth and development of the common law; 3 , The doctrine of the case law; 4 , The structure and rule of precedent; 5 , The analysis of the case from the view of comparative law; 6, The evaluation and legal plant of the case law.2, The feature and character of the thesisViewing Form the point of the content , the author made some contributions on following parts: 1 , Hypothesis on the birth and development of common law ; 2, Systematic analysis on the reasonablenessof the empiricism; 3 , Systematic analysis on the detailed rules under the principle of interpretation of law; and 4 , Systematic account of status of law of china and conditions favoring the evaluation of the case law ,as well as the detailed suggestions on the evaluation and legal plant of case law.Viewing from the point of the way of analysis, the author illustrates doctrines and rules with a few of examples and judicial cases, thus enriching and furthering the understanding of the aspects. In addition, the author adopts ways of comparative method on illustrating the rule of interpretation of law.
Keywords/Search Tags:Case law, Precedent, Common law, Civil law, Stare decisis, Empiricism, Rationality, Reasonableness, Ratio decidendi, Obiter dictum, Imaginative defense, Self-defense, Judge system, Judicial independence, Legal unification
PDF Full Text Request
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