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Jurisprudential Analysis Of China's Criminal Judicial Precedent System

Posted on:2005-09-15Degree:MasterType:Thesis
Country:ChinaCandidate:W J WangFull Text:PDF
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The Criminal Judicial Precedent is not only a product of the mischief of Statute Law but also the specification and proper supplement of Statute Law . Its value especially lies in the application of the abstract rules to specific cases by the judge in light of the red life and case facts. History of criminal judicial precedent both in Common Law System and Continental Law System has fully revealed that criminal judicial precedent can not only contribute to the unification of applicability of the Criminal Law through enhancing adaptability of criminal law, but also guarantee the impartiality of the application of criminal law by standardizing conviction and penalty measurement.Examining China's criminal judicial precedent system firstly , we should be fully aware of the importance of criminal judicial precedent for China's criminal jurisdiction. Furthermore, we should keep pace with the trend of merging of the two law systems, maintain the traditional characteristics of Statutory Law, take good advantage of the current feasible factors. Guided by the principle of a prescribed punishment for a specified crime , it is believed that China's criminal judicial precedent system can be established on the base of the current criminal law while properly developing the philosophy of judge's interpretation of law. It will be good for the fulfillment of criminal judicial impartiality and the developing trend of the modernization of china's criminal law.
Keywords/Search Tags:Criminal Judicial Precedent, Crime and Punishment by Prescribed Law, Interpretation of Criminal Law, Judicial Impartiality
PDF Full Text Request
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