On The Modern Case Law Under The Rule Of Law In China

Contemporary China which belongs to continental law department, doesn't acknowledge legal precedent as a source of law. But with the constant development of society, the certain limitation of written law is often difficult to deal with the social current situation.Today, the law is globalized, our country should comply with the integrational trend that two fundamental law department are combined. In order to combine China's actual conditions fully, we should draw lessons from to Great Britain American law department.This text mainly uses the research approach that the theory of the comparative jurisprudence and real example to analyze, Through Great Britain American law department legal precedent legal system survey and evaluation and analysis of degree, Have proposed the concrete design about the distinct Chinese characteristics legal precedent legal system degree On the premise of expounding Chinese soil of the law of legal precedent objectively.Chapter 1: One degree of summaries of legal system of legal precedent. This take Britain's legal precedent law as an example mainly, and introduce 4 historical stages in development and the variation tendency briefly. This Part establish objective foundation for contemporary China to Great Britain American law department legal precedent legal system reference of degree.Chapter 2: Chinese soil of the law of legal precedent. This chapter unifies the concrete case to practice the case-law system to Contemporary China the necessity and the feasibility proves. And had pointed out the introduction case-law system realistic barrier, then has analyzed the case-law Chinese soil objectively. This part has provided the prerequisite for the Chinese characteristic case-law system research.Chapter 3: Case-law reality cultivation.This chapter was the key point which this article studied, the author also proposed the new opinion. This part involves to concernthe Chinese characteristic case-law system concrete design, has launched from the correlation system design and the system movement environment transformation two aspects about the Chinese characteristic case-law system research.