On The Qualities And Defects Of Chinese Statute Law Model

The statute law, based upon rationalism, put special emphasis on thatlegislators can make a code of laws. These codes include anything and everythingin our daily life, with which judge can decide a case with a light heart. As the startpoint of modern transition of Chinese law, amendment of statute in late QingDynasty, introduced statue law in its entirety, with consideration of our tradition ofmixed legal systems and quality of statute law and case law. The choice of statuelaw shaped the fundamental character of modern legal system and institutions.However, the defect of statue law raised a tough question on legal system andinstitutions of China, such as absolute authority staying out of law, subordinatejurisdiction and puzzles in legal argumentation. After exploded every avenue, wecan solute these puzzles by the mode of thought from case law.This dissertation consists of five parts:In introduction, the author puts forward the question by narrating generallythe quality of statute law. The question is that what is the quality and defect ofChinese statute law.The first chapter is a general study of statute law, legislation and jurisdiction,which are based upon rationalism.The second chapter, by means of analyzing time background of amendmentof statute in late Qing Dynasty, Chinese traditional legal notions and costs of legaltransplant, points out reasons why amendment of statute in late Qing Dynastyadopted statute law.In the third chapter, the author analyzes the defect of statute law in Chinesemodern socity.In the conclusion, case law and statute law are individually the main source oflaw in the common-law system and civil-law system. However, as a method oflegal creation and interpretation, the case law is not antagonistic to the statute law.The case law, characterized by reality and flexibility, can make up for the defects inapplication and interpretation of the statute law, for it has originated from judicialdecisions of judges. Statute law is traditionally characteristic of Chinese legalsystem. Introduction of the institution of judicial precedent could be necessary and beneficial to overcome defects in the current judicial interpretation in China, andfurthermore harmonize stability, flexibility and fairness in the course of applyingthe statute law.