Discussion Of Introducing The Case Law Institution To China

Modern Chinese legal system belongs to statute law system. The statute law, the base of the law system, however, has lot of limitation in that it's hard to closely comply with legal realities, which is largely due to the complete dependence on the past experience during the course of enacting all legal provisions. What's more, Chinese legal provisions are comparatively more abstract than those in other countries with the result of multiple comprehension and various applications of Chinese legal provisions, which is harmful to carry out these provisions. Under this circumstance, Chinese justices have been always calling on to study our own history and learn from foreign experience to construct Chinese case law institution as the supplement of our statute law. Thus the experimental, instantaneous, and flexible hard case law can compensate the rigidity or inflexibility of hard statute law too regularized and too abstracted. Consequently, it can restrain different legal affairs.The article consists of three parts.In Partâ… of the article: After the analysis of the flaw such as the thesis and the application of existing law, the arthor think that we should construct our own case law institution which shoud be endured with the position of juridical origin. It is also suggested that set up a compellent and unitive structure as an use full supplement and thinning for our country's existing statute law. The arthor also think that the reason of many problem of practice is peoples doubt to the question whether we should borrow ideas from the case law institution or how to transplant such a institution.In Partâ…¡of the article: Base on existing thesis, the athor analyzed the rationality of borrowing ideas from the case law institution from three part. First, Introducing the case law institution to china is beneficial to our potitical restructuring; Second, Borrow ideas from case law institution can accelerating the economy and speeding up the productivity from the angle of economy; Last, it is in line with the culture of the world, and also according with the culture of china. After analyzed, we get a conclusion that we should construct our own case law institution. In Partâ…¢of the article: After soloved if it is need to introduce case law institution, the problem we confront is how to absorb the excellence of different kind of case law institution and how to make it suitable for mainland. So the writer set forth own points of view and bring forward some own advice of main body, key facture and function system of case law guiding.