The Binding Force On The Precedent Judgment In Our Country Civil Trial

The enforcement of precedent judgment arouses the new thinking about the issue of how to localize the precedents. Although the system of precedent has been theoretically introduced into our country and has been discussed as one of the origins of our country' s law for over ten years, it is the first time to impose the binding force on the precedent judgment in the from of system. By examining the present situation of the enforcement of precedent judgment system according to the precedents in our country, comparing the legal positioning of the state's binding force on the precedents in these two countries, and analyzing the present judicial state in our country, this paper puts forward the ways to realize the binding force on the precedents in of our country.This paper has four parts:In the first part, author introduces the binding force of legal precedent. Author draws out the binding force of legal precedent from the precedent judgment of Zheng Zhou City Zhong Yuan District court, three aspects can be elaborated the binding force of legal precedent respectively from its essence and condition as well as the law philosophy basis .In the second part, it is the examination to domestic and foreign legal precedent systems. First it is the legal precedent system inspection to common law system (take England as example), secondly, it is the examination to the legal precedent of our country from the ancient times to nowadays, and finally it is the analysis of the binding force of the legal precedent in two big legal system countries.In the third part, Author analyzes the function of the legal precedent in our country civil trial practice specifically. Author first emphasize the background of the precedent judgment, as a fresh object appearing in the reform of judicial affairs, the precedent judgment has not yet understood fully by the theorists and the judicial practice department, immediately next to the precedent judgment practice in Zhong Yuan District court , its character and behavior, as well as the active significance their enlightenment to our country civil trial , expounds and proves necessity and feasibility building legal precedent in our country ,finally ,in the author's eyes ,we should found up our legal precedent system which is suitable for our national condition .In the fourth part, it is the idea building legal precedent system in our country civil trial. Author designs legal precedent system in our country from its formulated body, selected standard, compiling procedure, announcing way and the legal precedent application, modification and abolition.Since the precedent judgment system is created in our country, it has caused disputes in the boundary of the law academic theories. Though it exists many deserve problems with need to be perfected, as a judicatory reform it would make positive effect to our judicatory reform. After all the precedent verdict is not the case law, how to draw lessons from common law system and how to establish the characteristic judicial precedent in China system gradually, is one of the problem that need to be resolved.