Case Law System And Statutory Law System

The two main legal systems is the Case law and the Statutory law systems in the world legal system. To develop a law-based case law, statutory law is case law is used. China's legal system belongs to the scope of civil statutes. Development of law has its inherent disadvantage: for example, many laws and regulations of the operability is not strong, the statute is too abstract, so in fact to the court, the judge considerable discretion. Thus resulting in the same or similar cases, different courts, judges make different decisions and even very different, serious damage to the unity of the legal system, and so on. This shows that the statutory law system of case law can be part of making up the various deficiencies in the application.The first part describes the statutory law system of case law development of law and case law system. Statutory law, sometimes also called case law, UK law, statutory law, its origin can be traced to the laws of England during the Middle Ages, especially in the statutory law established and developed for the origin of the law in general. On the statutory law, the case law generally refers to the High Court's decision, to be exact in the refers to a decision with legal principles or rules of other courts (and even in our hospital) and after the trial, it has as a kinds of binding precedent or persuasive. Case law does not refer to a case of the decision, but rather a decision contained in a legal principle or rule. Also known as Roman case law system, case law, code law or Roman - Germanic law, which is based on ancient Roman law as a tradition, according to the nineteenth century, "French Civil Code" and "German Civil Code "The style and established and developed legal system in general. Statute refers to a particular country by the authorities (mainly referring to the legislature) in accordance with the procedures specified by law, and customary law, in particular symmetric case law. Constitutional Law is also known as statutory law, but the statute is unwritten law wears symmetrical. In the Western legal writings, statutes, often called the legislation, but refers only to general legislation, legislation that narrow national laws enacted by the legislature, but a statute.The second part of the article discusses the case law system, law system and the development of the advantages and disadvantages. Case law has the following advantages, such as: case law and the communication of the facts of the case role model, to better ensure the correct understanding of the law; more effectively prevent and eliminate confusion in the applicable law; case law system can greatly promote the judge's function; trial was conducted in accordance with precedent, the consistency of trial results; compared with the case law, statutes, legislation based on the values of society, not the case occurred when the social values; the case law of judicial conduct for the public provides a channel for social supervision, and so on. However, there is case law system is also inherent disadvantages, such as: case history of a typical system is by the accumulation of cases completed, so the case the cumbersome, difficult to grasp, so the result case law in national proceedings are becoming increasingly professional, objective farther and farther away from the public by law and so on. Development of law in regard to the case law has the following advantages: a relatively stable development of law, code has been established, not easily modified or annulled. The generality of the statute strong, always use the most simple and concise expression of the language of legal norms. Statute has a predictable, binding, citizens can foresee the legal provisions of the nature of their actions, legal responsibility, which in turn acts on the citizens from the guidance, the role of the guidance and restraint. However, statutory laws and regulations of the system is operational there is not strong, the lag of the statute, and many other issues. Both case law or statute law system, the system, are rooted in certain legal and cultural background of close contact with local culture, so our parity is often abstract the general content of which the totality of general comparison. So for Constitutional Law and Case Law is comprehensive and relative.The third part of the statutory law and case law reflect the different concepts were analyzed. Statutory law and case law in fact with many different options causal factors, but when the choice to make after this the system will constantly shaping the necessity of those factors, and consequent more deeply rooted, to become an important cultural part of the social, political, economic and other intricate things closely. Generally speaking, in the development of law and the development of case law and the difference between the two collisions to some extent a reflection of their different attitudes Since modern times, rationalism and empiricism is always accompanied by a struggle of human development. Although we can not say Law and Case Law corresponds to the rationalism and empiricism, but it can be said to embody the two first were rationalism and empiricism tendencies. From an objective form, statutory law and case law agree that the main difference lies in whether a judge or law-making functions to create. Under the statute, the judge is considered to be the implementation of an important and largely non-creative functions of the civil service. The formation of Anglo-American case law is case law system judges "promising" embodies. It is generally believed that case law should adhere to the strict separation of powers principles, laws enacted by the legislature only by the representative of, directly or indirectly, not by making the judge, judicial powers should be limited, exclusive judges "to follow precedent" and legal interpretation.The fourth section discusses whether the introduction of the Chinese case the system should be two voices. Advocated the introduction of the system's major case against the statute to talk about their defects, mainly because of China's legislation on compulsory too large because there had been any sexual abuse of justice, which advocated the establishment of precedents against. But the case against the introduction of scholars believe that the system: Since the establishment of case law, their goal is to reduce and prevent the arbitrary administration of justice, the implementation of case law is often not only the law can not play the so-called "make up" effect, but serve to undermine the role of more likely to breed and contribute to the tyranny of unruly judiciary. In fact the operation of the case law trends with conservative and rigid, his emphasis on past, present and future, longitudinal balance on these practices, so that no matter what similar cases have been treated equally What time home horizontal split the geographical equality.Compared with the development of case law, and rationality is sometimes more apparent, more to maintain legal stability, unity, can adapt to social changes, their actual contribution to society will be more powerful. Another voice said: the introduction of case-law system can overcome the fundamental statute is too broad, in principle, abstract and other defects, easy to judicial action. The implementation of legal precedent system, the way of making judgments reforms can enhance the persuasiveness of decisions, thus facilitating the smooth implementation of judicial decisions. The introduction of the case law system, the development of progressive legislation can, and ultimately the legal and social development, change needs unity, the realization of judicial efficiency is maximized. The introduction of the case law systems, can reduce the cost of justice, improve judicial efficiency. From twenty years of legislative experience of practice, continued to rely on amendments, legal laws, new laws developed in this way the law is not the most effective way, actually many negative with negative effects. Quick to modify, repeal the law, new laws will make the authority of the law, deterrence reduced.Part V describes the author to introduce to China the affirmative case the system point of view, but there are restrictions. Draw on case law case law system is not to say completely replaced by statutory law system, but said that on the basis of statutory law, to improve the status of judges of the Court by the case, it rose to a formal source of law, statutory law and case law form a combination of "double insurance" or "mixed" source of law model. This is a prerequisite for the introduction of the case law system tone. Nor is the reference to case law case law and statutory law in parallel, so that case law and statutory law in the same source of law status. China is a developing law countries, the implementation of people's congress system. Therefore, in the development of law and case law set relations, must be developed based method, supplemented by case law. Development of law as the dominant position of sources of law can not be shaken, but in some areas or the implementation of a range of appropriate case law, but also to a certain extent, the appropriate method used to develop case law and the spirit of the provisions described and explained, is a more specific meaning of the law in clear, it has a direct operational. Referencing to Anglo-American case law system, supplemented by the introduction of, and continuously improved the idea based on the principle, so that our legal system is further improved health.