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On China's Choice Of Statutory Law

Posted on:2007-05-12Degree:MasterType:Thesis
Country:ChinaCandidate:N JiaFull Text:PDF
GTID:2166360182495880Subject:Marxist theory and ideological and political education
Abstract/Summary:PDF Full Text Request
Statutory law is the main source of law of modern countries, it refers to all kinds of laws and legal documents are established legally by national organizations. Statutory law is one of the most popular and influential legal system in the world. We can't deny that, through the baptism of times, till today, statutory law still with its strong vitality survives and develops, and influence other countries with its vigor and thrive all over the world as well. Statutory law as the main legal form, it has a long history in China. Why? I think that is because the coefficient result with the advantages of statutory law and the particular race and nation tradition.Statutory law took root and germination in China was not by chance, the tradition of statutory law in China, the difficulties of in-migrate the case law, the close concepts and way of thinking and China's modern law occupation to all come to a decision that China choose statutory law inevitably. After entering in the 20th centuries, the relationship between case law and statutory law of two legal systems have the trend of amalgamation. But from my point of view, China should insist the road of statutory law and go forward to go in this foundation perfect.Based on the research situation about China's statutory law, the article analyzes the statutory law's basic context and why China choose the statutory law creatively. This article analyzes China's statutory law from various aspects. Spanned on many subjects including legal history, jurisprudence, legal philosophy and so on, utilized the new theory review, and through the background and actuality of China's statutory law, the article gives its unique sights, hoping ti make up for the theory blank and offering theory reference for Chinese legal reconstruction.
Keywords/Search Tags:sources of law, statutory law, case law, choose
PDF Full Text Request
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