Learn From The Fusion Construct With The Chinese Precedent System

The case law is one of the law forms and the main law origin nowadays. The key operation of the common law system is to follow precedent. The important method which follows precedent is to distinguish precedent. Controlling the distinct technique is the important business ability and character for the judges in case law and the key problem of case law operation. The distinct technique can make the judge know materiality of the case fact and use the law rules or principles to judge the cases. On the road to construct up the modern legal system our country handed down the civil law system and became the nation as our country constructing up the modern legal system in reforms. In our country, the judicial precedent can't become the basis of judging cases. Though the legal effect of judicial precedent was not admitted in our country ,the usage of judicial precedent appeared because of the drawing up and loophole of method. The supreme People's Court official gazette, the cases of Zhongyuan court in Zhengzhou city and the guide trying of system in Tianjin Deluxe court are typical work in the judicial circle of our country, which is significant thing to set up contemporary and Chinese judicial precedent system. Case law Unified the judicial dimensions and arrive a judicial precedent from the case, which is a beneficial try to set up judicial precedent system and provide a good chance for our country. In present stage, the civil law system and the common law system drew lessons from each other ,which is a kind of rational of choice with insisting own law form and system.The two greatest methods fasten to blend mutually of world. The trend of drawing lessons from each other abroad for of successful experience for our country building up case law system. The text includes the necessity of building up case law system, making up shortage, unifying the applying law , raising judgment efficiency , limiting judge's power and setting up court authority. Basing making up experience and combining the our country concrete rule of law environment and the our country case law present condition, the text discusses the reformation to the judicial precedent system and putting forward concrete system a design.