Statute And Case Law Of Rational Communication - The Path Of The System Of Criminal Jurisprudence Choice

The summary of contents: The formulating method of law standard is with the outside dysphasic, and the most typical is written law and legal precedent law. The written law form that our country penal code is typical possesses scientific principle and the systematic nature and logicality and inside the characteristic of harmonious nature, but too brief and abstract, but the doctrine of stare decisions of legal precedent law can fully give play to the subjective dynamic role of judge, and makes his more possess the adaptability and the flexibility. This text is drawn up from written law and angle that the legal precedent Buddhism the aspects of things mixes together mutually, and making to the rational faculty routing of criminal legal precedent system, and expounds his value containing, reasonably fixes a position, moves the rule and assists mechanism, and aims at announcing the criminal legal precedent system supplementary function to the penal code, and advocates the thought model of application legal precedent in the criminal administration of justice.