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Case Law In Dynamic Circulating And Drawing Lesson From IT

Posted on:2005-11-13Degree:MasterType:Thesis
Country:ChinaCandidate:H Y CengFull Text:PDF
GTID:2156360125953320Subject:Marxist theory and ideological and political education
Abstract/Summary:PDF Full Text Request
Case law is one of the most influence legal system in the world, and it has been keeping on the thriving and vigorous through the endless years baptism since it emerged in England in twelve century. Attracted by the enchantment of the unfailing ancient legal system, the academe holds the enthusiasm all along to study case law, using many methods, studying the case law's emergence, development, principle, system, character from many aspects, making "caselaw"--the ancient legal system clear in Chinese scholar's view. But, it is stillfar from fully and intensively understanding case law, so it is further needed to study it deeply.The article adopts the specially studying view of "the case law's dynamic circulating",at the beginning, reviews the process of the dynamic circulating of case law's establishment and practice from the theory wholly, then, with the true cases,analyses the judge skillfully uses the correlative technique and methods to develop case law deeply, tries to show the panorama of the case law's process wholly, and analyses the process mechanism of case law deeply, discovers case law's powerful vitality consists in that case law exists in the process of the dynamic circulating all along, so it suits the changeable life well/Based on those, we compare the statute law with case law through circulating angle, and point out the limits of the statute law comes from disjoint between the legislation and the judicature, then, link to many problems of Chinese haploid statute law's tradition, such as, law lags, out of the reality, highly abstract, ignoring single justice, etc, further compare the similarities and differences between the Chinese judicature explanations making up the limits of the statue law at present and judicial precedent, point out the judicature explanation can't replace the judicial precedent totally and China has the essentiality of learning from case law. Finally, we bring forward the blueprint of learning from case law system according to Chinese practice.
Keywords/Search Tags:case law, dynamic circulating, mechanism, to draw lesson from
PDF Full Text Request
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