On Interpretations Of Case Law's Context

Both of the statute law and the case law are the most effective legal form in the world. Compared with each other, each has its own strong points. According to the traditional legal thoughts in China. The statute law, which is formed by the rational and thoughtful conclusions, is better than the case law. However, it can not deny the fact that the case law is going well in the Anglo-American legal system and affects the continental legal system extensively. Why? I think its strong vitality is endowed with the special interior mechanism and exterior survival context.Through searching, we find that the study about the case law began in eighties at home. In the law circle, whether the legislative or the judicial circles, is less theoretic and systemic than experienced, being lack of the macroscopically all-directional wholly research. But to study the context around the case law is still empty. At abroad, the study about the case law focus on two aspects mainly: one is how to build and reform the national legal system; the other is how to meet the international economic relationships' needs. And the relative materials scattered and non-system. That is, there is lack of the specialized study on the case law' s context.Based on the research situation about the case law' s context home and abroad, the article analyzes the case law' s interior and exterior context and creatively considers that this is a dialectical unified relationship between the case law and the context after making definitions about the case law and its context. From the case law' s entity to the process, from the interior legal rules to the exterior social culture background, the research on the case law' s context is quite all-directional and systemic. Spanned on many subjects including legal historic, jurisprudence , legalphilosophy, etc, utilized the fresh theory review, summed up the living and improving context about the case law, the article gives the bright points: the case law creates and exists need the special interior and exterior context, at the sane time, contacts our country' s actuality, points out that there are some possible factors to draw lessons from the case law, hoping to make up for the theory blank and offering theory reference for Chinese legal reconstruction.