The Concept Of Establishing The Case Law System

Regarding whether to establish the case law system, our law circle have discussed for a long time. Is the case law system established under the condition of China's judicial system on earth? There is no agreed opinion. The key point is different in different period. Before 2000, most scholars hold that the case law system can't be established in China because of confliction with our political system. However, more and more scholars consider that the case law system can be established in China after 2000.Moreover, local courts make the practical exploration. This paper is divided into four parts:Chapter one introduces the huge gap between the existing judicial system and the rapid development of the society. This phenomenon causes some new cases that expose the shortcomings of the judicial system. Then the author illustrates kinds of advantages of the case law system in order to establish this system, and perfect the existing judicial system, and solve the new social issues. In this part, the author points out the necessity of establishing the judicial case law system.Chapter two makes a simple analysis of our case law system in practical.Form the early years of the People's Republic of China, during the period of reform and opening up, then after the year 2000, our mode is become from the case guidance to the case law system.This unifies and perfects the judicial system.Chapter three deals with the two distinct opinions whether the case law system is establish in China in the first place, then the key point is the author's opinion. It makes a further analysis of the two distinct opinions for retorting.Chapter four makes the model of the case law system in our judicial system as the key point. Then the author raises some immature proposals for the problems during the process of establishing the case law system.At last, the author hopes that his suggestions can promote the perfection of the judicial system, and make contribution to China's rule of law development.