British Case Law Applies The Principles And Methods

At a time when China legal system has dedicated full attention towards developing and perfecting case-guiding system,the method of developing and perfecting such system thus comes under intense discussion.Using this opportunity,I will do an in-depth analysis on the core system and the application methods of the case-law system in England which is expected to be used as a guidelines in improving the case-guiding system of China.Under the common law system in England, the case-law is the original resource of law in the fundamental position. The authority of case-law comes from the sense of justice which results in the core principle of judicature——stare decisis which means similar case resulting in similar disposing,precedent binding force,circumvention system as well as application methods.I therefore analyze these core systems and application methods based on this general idea.The analogical reasoning is the footstone on methodology which supports the England case law system.This article plans to do some preliminary study on the law system and analogical reasoning in England in the hope of revealing the origin of the strong life under the background of the precedent law in England.The body of this article is divided into three parts besides the introduction and conclusion as follows:Introduction:This part explains the research background,subject genesis of the paper,research method,innovative points as well as the research purpose and meaning.The subject originates from the case-guiding system in China and takes into account the development and change of the society as well as the injustices of judicature as background. It further aims to and study on the origin of the strong life under the background of the precedent law in England by combining both system and application.PartⅠThe basic of the application of the case-law in English.——Stare DecisisFirst of all,this part analyzes the reasons of "stare dicisis" based on its values and point out the formal and substantial limitation for the operating rules and skills.Secondly,this part explains two important concepts of precedent——"Ratio Decidendi"and "obiter dicta" and their methodology.Thirdly,this part addresses the principle of the binding force. Through in-depth study from different angle analysis we can learn the meaning of the binding of the precedent.PartⅡcircumvention precedentThis part expounds and analyzes seven applications of circumvention precedent which can be categorized into two groups,namely distinguishing skill and overrule skill.I therefore examine their application conditions,imitations and differences in order to gain a profound understanding of the role that circumvention precedent plays in the development of precedent law and case-law.PartⅢInference pattern of case-law in EnglandIn this part the application of inference pattern of case law is discussed.Such application is a key factor that differentiates inference pattern of cash law from that of civil law system.The inference pattern of case-law is not a simple process that can complete through a single reasoning.Rather,it involves Deduction reasoning,Induction reasoning and Analogy reasoning,also known as the footstone of law case methodology.Many cases are analyzed in each inference.Conclusion:Some common traits can be deduced from the case-law theories,legal thoughts and inference methods——Sense of justice,Elasticity in an maximum extent,Adaptation to society and application flexibility.All of them have been contributing to the fact that precedent system lives a strong and long life.As these traits are not affected by different ideologies, there should be no doubt that they are highly relevant to the establishment and development of China's case-guiding system.