Our Jurisprudence System Of Modern Trend

Case law is the main source of common law legal family, and in civil law countries written law is more important. Case law and written law are the two most influential sources of law nowadays, and they are the great mark to divide the two kinds all along. But today when world economy and culture communicating even closer and more continually, the two groups start to mix together. In civil law countries the day that written law be monarch of all one surveys is over, they think more and more of precedents in judicial practice. And the judges are given more play in the development of law. These objective conditions show enough that to some modern law-based states the existence of case law is proper and reasonable.The phenomenon is worth thinking that in some civil law countries case system turns up and keeps development after extending over several centuries in common law countries. This article will clarify the value of this system by analyzing its emerge, development, working and reason of existing, then discussing the pros and cons as a concrete law system. Our country is a written law country which upholding codes always, but had been case system historically. Later it was abandoned only because of our special social background and deep fountainhead. But in practice we have cases having the character of precedent which having great effect on trail activities.In the situation that case law and written law learn from others' strong points and are supplement each other, our country should be in the swim. We should rebuild our case system by taking advantage of our own resourses and draw lessons from foreign countries especially civil law coutries, so that to complete our legal system and advance our legalism process.