A Study On The Criminal Judicial Precedent System

The essay inquired into the philosophical basis, the value included and future destiny of the criminal judicial precedent, then talked over the relation among the judicial precedent, the criminal judicial precedent and Judicial interpretation of criminal law, ultimately, put forward to the basic frame and external conditions of criminal judicial precedent set up thoroughly in China, through the comparative study on history, the current situation and the way of operation of criminal judicial precedent system of the continental law system country, common law system country and China.The whole thesis was divided into ten parts as follows :Part 1, introduction, which introduced briefly the research purpose, the method and meaning.Part 2, the outline of judicial precedent, which Analyzed the implication of judicial precedent and criminal judicial precedent, further, distinguished the concept that be related.Part 3, the development of the criminal judicial precedent system, which observed and studied the development of the criminal judicial precedent system in the continental law system country, common law system country and China, so as to laid down the foundation for deeply knowing criminal judicial precedent of our time.Part 4, the destiny of criminal judicial precedent in the present age , which discussed the position and operation way of criminal judicial on the contemporary as a focal point, hoping to use the experience of introduction of criminal judicial precedent system in China from Common Law and Civil Law.Part 5, the foundation of knowing, which Analyzed the philosophical foundation of the empiricism, in order to make the full use of important role in the criminal judicature on the condition of the principle of the law settling the crime.Part 6, the demonstration of the value of criminal judicial precedent, whichAnalyzed the benefit to improve the quality of the criminal judicature at present in China.Part 7, theoretical thinking to found criminal judicial precedent system, which presented the different view from the theory circle, analyzed the role and function of "case" in the judicial practice of our country, at the same time, discussed mainly three definition can be unified of the principle of the law settling the crime , judicial interpretation and criminal judicial precedent.Part 8, specific design of criminal judicial precedent system of our country, which brought up to establish the judicial precedent system in China.Part 9, other system design related to criminal judicial precedent system, which set forth external environment condition necessary of the judicial precedent system in China so that it can really grow up.Part 10, conclusion, which summarized the whole article and put forward to judicial precedent system which would be found as a kind inevitable outcome in the course of cultural exchanges and legal system evolvement.