Discussion On The Establishment Of A Unified Legal Precedent Guiding System

Since 1986. with the necessity of institution"s construction and development of law research in our country, whether to bring into the case law System in our country has induced intense debate in the field of law, most articles have been in favet of bringing into the case law system, but the last result has not been determined. Some good try haS been taken according to the wotking necessity in the field of judicature, for example,the civil judmial instruction precedents has been established on October 2003 in the Superior people' Court of Tianjing.The text brings forth the basic frane on establishing Chinese specialized case law system,through the comparisom with foreign sondition and analysis of past and present; there are total five Chapters in the text. The first Chapter, introduction, introducessome Oplmens on Whether to set up case law system in the field of law and the main reason for making research of case law system. The second chapter analyzes some relaing problems on case law system, making the conclusion that there are two Significations of case law, one is specialized, the other is generalized, one is the judicial law,while the generalizde one has three aspects :case,judicial law, Chinese Specialized case. This chapter makes a boundary on the case and it's relating notions. It makes detailed andlysis on the function of case law system bringing forth the signification of the Chinese specialized case law system: a rule which is obtained according! to Specific procedure by the court ,and a judgement having some restriction to the Similar case. The third chapter makes a comparison between the UA-USA and mainland law system and makes analysis on them. The fourth chapter examines the history of Chinese case law system, analyzing the present condition of Chinese case law system and making case research on precedent judgment System and case instruction system. The fifth chapter puts forward a series of propositions about establishing Chinese specialized case law system, including the basic principle, the practicing process and valid subject of case system, the source, the kind, the definite procedure, the facture format, the application of case, and the judgement on case etc.When the text brings forth the proposition of establishing Chinese specialized case System, that is absotbing the merit of that of UA-USA and mainland, at the same time, combining with the present condition of law to get the following suggests that Chinese specialized case law system should be carries out within carried out within certain phases:the first phase is the trying of case instruction system,for example, the precedent judgement system carried out by the people's Court of Zhongyuan district, Zhengzhou municipality and the civil case instruction system implemented by the Superior People's Court of Tianjing;the second phase is to establish the unitive judicial precedents in Chinese court system, according to the experience obtained on the basis of the trying out of judicial precedents in all the court by the highest people court.