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On Some Questions Of Precedent System Of The Private International Law In China

Posted on:2009-09-30Degree:MasterType:Thesis
Country:ChinaCandidate:Z Z ChenFull Text:PDF
GTID:2166360242974391Subject:International Law
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The concept "precedent" in the paper refers to the judgment or verdict of a court, which possesses the status of legal source and the binding force,and can be used as legal merits by courts in dealing with subsequent cases of the same kind.The "precedent System" is referred to as a system which sticks to the principle of taking statutes as a basis and precedents as supplementary.It involves the status,subject,effect, and application with respect to precedents.The representative viewpoints respected to precedent of the two legal systems are introduced and in the first chapter,so is the dissimilarity of academicians of China.On the basis,the meaning of precedent affirmed by the paper is defined and the characteristics of precedent and running of precedent system are analyzed.From the aspects of theories study,lawmaking and judicatory of the Private International Law it is demonstrated in the second chapter that precedent provides resources of instances for theories study of the Private International Law and also checks them up.Precedent not only supplements blanks of positive law but also provides resources of conflict law.Precedent can restrict freedom and power in judging and vindicate unification and justness of law.From the aspects of specialties,developing trend,settlement of law conflict of the Private International Law,it is demonstrated in the paper that it is necessary to establish the system of precedent in China.It is considered that specialties of the Private International Law desire function of precedent.And unification trend,developing actuality of the Private International Law and its action to the law also request attaching importance to precedent function.It is also proved that it is feasible to establish the system of precedent in China due to the following facts:basic of theories,inside information in history,and realism possibilities.Different opinions are introduced in the forth chapter.The paper puts forward relevant discussing viewpoints,and considers that precedent system can run with our political system,and China has long precedent tradition. The last chapter provides some suggestion on principle and concrete fancy of precedent system of the Private International Law.
Keywords/Search Tags:The Private International Law in China, Precedent System, Precedent Generation, Some Questions
PDF Full Text Request
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