From The Case To The Jurisprudence

Communiques of China Supreme People's Court is the official literature formally issued by China Supreme People's Court. By studying the cases issued during 20years (1985-2005), we can see easily the Communiques enjoy great meaning, because we can use them to analyze the characteristic of the cases, to explore the existing problems. All these are closely bound up. Cases and judicial precedent exist close relationship, but what's more, the two are with the same characteristics, case can not play an important rule as judicial precedent does, the transit from case to judicial precedent seems to bear realistic necessity. To some degree, it is possible and even feasible to establish case law system in China. In concrete process of establishment, it is of importance to solve logic presupposition. The article attempts to elaborate and demonstrate the problems above in the levels of theory and judicatory practice. The article counts up to more than 30,000 words including introduction, text with three parts and conclusion.Setting out from the main object Communiques of China Supreme People's Court formally issued by China Supreme People's Court, the part of Introduction puts forward the problem case law system and modem China, and further advances the logic starting-point and route together with final research aim after explaining the relative status in quo.Part 2 of the text takes an examination of the chance and foundation in establishing case law system in modern China, this part puts forward the viewpoint that it is a valuable chance and stable foundation to establish case law system by illuminating the cases and typical individual case issued through Communiques of China Supreme People's Court. It is also important to analyze the characteristics of all the cases and their problems.Part 3 of the text exams the value and chance of case law system in China. A good many problems, which exist in the characteristics of cases, social development, legislation and status in quo of judicature, determine necessity to establish case law system, while it is not the sufficient condition to analyze the feasibility of its establishment, but it is sure very advantageous condition.