Precedent System-A Angle Of View In Law's Growth

The precedent system is a unique judicial system in the countries which adopt common law system. As a great important part of human civilization in law, it is not only the judicial system but a legal culture which shows a strong life under the background of Common Law. This article is planning to discuss the precedent system's role in developing law and the reason why it can stand firmly, in the meaning time, try to explore the idea behind the precedent system and use it as a reference to build up nomocracy in China. So from the standpoint of law's growth, this article used the history of precedent system as a basic clue, used the evolution of precedent system as ligament, used the operating skills of precedent system as groundwork, used the philosophic idea as hub, by resorting to the theoretic tools such as linguistic analysis, historic research, positive analysis, etc. to explore and study the precedent system. The body of this article was divided into four parts as following:Based on the developing history of precedent system in common system, the first chapter analyzed and confined a few conceptions relevant to the precedent system, in addition to it, it also reviewed how the precedent system came into being, especially for its developing process in the U.K and U.N.A. The reader can get a full picture of the precedent system in the countries which adopts common law via positive analysis.The second expounded and analyzed the following factors which involved in...