Some Views Of China Having To Establish The System Of Case Law

AbstractCase law Origins from England, because of its own predominance and puissant life, and it infiltrates into some countries except England and America law system slowly, which become juristic dominant form with positive law. It has stability~. oneness and can defer to judiciary creation and subjective ability to maximum extent, which is propitious to enhance judicial efficiency and realize judicial equity. These predominance are positive law (or statute law) can't assimilate.Our country denied establishing case law system, which was put forward in theoretic domain from 1980's. many people did some available effective and prophase work, delightful achievement was acquired. At present, there are two opposite viewpoints mostly. That is claiming and opposing to constitute case law system. Both of them have many shortages. Such disc ussive angle is singleness and hasn't system demonstrate. This paper claims that our country should establish case law system, which is based on its own excellence~ effect~. function real judicial situation of our country and centuries-old case law system tradition, and so on. The most important is it can harmonize the relation between law stability and agility effectively, and realize relative ideal combination of judicial fair and benefit. At the same time, establishing case law system in our country is necessary result of law development. Two law systems?closing each other sustains this rule from demonstration.It抯 very normal that many difficulties will be met during the foundation of the system of case low in our country, if we respect the situation of our country fully, draw lessons from England and America law system and the Roman law system especially, and handle the relation between them well, we will combine the system of case low to the low system of our country and harmonize the case law with the written law.