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The Origin Of Case-law And The Research Of Its Crimination

Posted on:2011-10-22Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhangFull Text:PDF
GTID:2166330332972091Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In recent years, the research of the transplanting of England case-law has been more and more refined and profound. It has become a nice opportunity to get a futher study about the case-law system while many relevant cases appear. There are many different opinions on the introduction of them. The author of this article is apt to translate the institution and system to help put the foundation of our own legal surroundings, and it just be considered as a right result of the development of international law. In this article we will deeply discuss how to build"The limited case-law"and what problems will be met and solved.In the third paragraph we will discuss that what is the important background of the England case-law'born. We should pay attention to two factors. First, the force that drives judge to keep making new law; Second, the reason that asks judge to obey others old rules. Besides, we will deeply analyse the other potential relevant sociological phenomenons. First, the trust given to the great judges by the common English; Second ,the religion and life attitude of this nation which finally effect their legal process. Acording to this ,people will wholely understand the intension of the case-law system.The standpoint of this article towards the research of case-law's chinization is very obvious and optimistic. It is a huge project for us to build our own limited case-law, but we can still keep hope for its advantages, especially considering of our national custom and legal surroundings. We will make great effort to deal with various obstacles in conception and institution. A perfect plan has been made to show that we can take three steps to finish it. First, open the field of civil litigation and take the civil case-law as a formal legal resource; Second, end off discussion of the problem that the common judges still be prohibitten from checking out the abstract administrative actions. Third, close the field of the case-law work in the criminal litigation. Then we will frankly face the challenge and goods it brings to us.
Keywords/Search Tags:Judge-made law, Authorized by default, Limited case-law
PDF Full Text Request
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