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Criminal Jurisprudence Applicable Prospects In China

Posted on:2007-01-10Degree:MasterType:Thesis
Country:ChinaCandidate:X J ChenFull Text:PDF
GTID:2206360185972337Subject:Law
Abstract/Summary:PDF Full Text Request
The precedent system is the core and the soul of the English and America Common law system, which is a legal system have a special unique feature of the common law system ,it esteems judge's rationality, acknowledged judge makes the law; The civil law system country receives the thick written law tradition, esteems jurist's rationality, does not approve judge to make the law. In the real life The civil law system wins the commendation by it's steady written law tradition, the common law precedent system obtains the approval by its nimble compatibility, the civil law system and the English America common law system which one is good and which one is bad cannot be generally spoken. Now the world is the open world, along with the global integration step speeds up, two big legal systems also tend to mutually profit from, make up for one's deficiency by learning from others' strong points, fusion each other. Under such background, to discussion the criminal activity legal precedent in China's suitable prospect has the practical significance very much.The first chapter make a semantic analysis about the legal precedent at first, has indicated that the core and the essence of the legal precedent system is Stare decisis, and to followed the precedent the connotation to make the elaboration, in this foundation differentiated and limited the criminal legal precedent and the criminal law legal precedent, the criminal legal precedent and the criminal case, the criminal legal precedent and the criminal case-law, the criminal legal precedent and the criminal judgement, in this foundation to give the criminal legal precedent a reality reasonable definition.The second chapter reviewed the mainland legal system and the English America common law system legal precedent system the development of it's source, and to explore the Chinese tradition "example" the development vein carried on has organized the...
Keywords/Search Tags:Criminal legal precedent, Judicial interpretation, Stare decisis, Empiricism
PDF Full Text Request
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