Discussion On The Establishment Of Case Law System

both the formal law and the case law have their advantages and disadvantages respectively .at present, the two following world legal systems are gradually drawing closer and mixing together. British & American legal system countries have formulated large quantity of formal laws ,while the continental legal system countries are tending to pay attention to the functions of case law. In China , whether China should carry out case law system or not , it still can't come to agreement after over ten years of researching and debating in the law theory field . Thus ,according to the existing problems in our country's judicial practice and judicial reform, the author demonstrate the feasibility, necessity, important theories and practice meaning of introducing case law system in China under the condition of carrying on legal system innovation. At last, taking the current judicial system of our country into consideration, the author puts forward concrete steps and methods of implementing the case law system in our country.