Contemporary Chinese Civil Jurisprudence Jurisprudence

The civil law precedent is not only an offspring of the defective civil statute law but also the specification and proper supplement of civil statute law. Its value especially lays in the good co-ordination of determination and flexibility by the judge in light of the reality the life. The production and the development of the civil precedent both in the Anglo-American law system and the civil law system also has fully proved that civil precedent can not only cover the limitation of civil statute law but also ensure the judicial unity.This article is based on comparative inspect that the production, the development, the operation of the Anglo-American law system and the civil law system, as well as the evolution of the civil precedent system in ancient Chinese sages. It further explained that the necessity and the feasibility of constructing the Chinese civil precedent system under the background of legal globalization and the obviously synergetic tendency of two legal systems which respectively represented by the statute law and the case law, This article further has discussed the survival barrier of Chinese civil law precedent system in the modern times.With the establishment and development of the socialist market economy, the increasingly complicated social conflicts, would not be correctly solved if we still insist on the traditional mode of legal application. We should learn about the successful experience of foreign countries especially civil law countries to be in the swim, we should admit the general function of the civil law precedent to build our characteristic civil case system and promote the development of the civil law in china.