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On My Criminal Sentence Down The Construction Of The System

Posted on:2004-04-09Degree:MasterType:Thesis
Country:ChinaCandidate:H W ZhangFull Text:PDF
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This paper expounds the trends of development of the two families of law in the world, the status quo of development of Chinas legal system, and Chinas long history of case law. Analyses and argumentation lead to the view mat China, taking written law as the sole source of law, should no longer avoid mentioning the advantages of case law. In judicial practice, China should adopt the strong points of case law to overcome the weak points of written law by introducing the case system. In view of Chinas legal system status quo of imperfect civil legislation, just started administrative legislation, and relatively complete criminal legislation, the author thinks that China should firstly establish and perfect the system of criminal judicial precedents. In Chinas criminal law system, judicial precedents should be positioned equal to criminal judicial interpretations in terms of effect. This paper also expounds the initiation and application of criminal judicial precedents as well as possible problems.
Keywords/Search Tags:criminal judicial precedent, written law, case law, criminal judicial interpretation, binding force, right of initiative, application
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