Review And Reference Of Case System's Function

Since 1902, Shen Jia-ben and Wu Ting-fang lead the Law Reform to modernization the Chinese law, a hundred years passed. Choose the statute following the Civil Law tradition it has its reasons, but not without accident of history. And nearly a century of convergence between the Two Legal Systems, has become increasingly evident. Out of the original path dependence, totally abandon the civil law model instead of statutory common law tradition of case law has no Possibility, but how in the statute mode, and a reasonable portion of the case law to be absorbed, is still a question worth considering. The first part of this article reviews the common law system, especially English law, case law system of the origin and subsequent development, while the actual operation of the system of jurisprudence were investigated, follow the precedent of the content and the subsequent amendments made to do their the relevant description. The second part of the article discuss the civil law countries, the history and development of case law system applicable to the status quo today, and compare the two legal systems in different case,And this is a different philosophical foundation of rationalism and empiricism on the other. The third part of the article examines some of the ancient Chinese were the existence of jurisprudence and political reform since the end of the Qing began, the further development of the jurisprudence system. Subsequently, the article discusses the 1949, especially since 1978, in the legal system, the case law applicable to the status quo, in the end of this article, In comparing the advantages and disadvantages of case law system, the reference case for the necessity and feasibility of the system conducted a preliminary feasibility studies, at the same time, the guidance system for the development of China's case put forward their own ideas, that the judicial interpretation of the abstract should be from now on gradual transition to the case, for which it should be binding on the case put forward their views, that should give the case to binding at the same time, compiled from case selection to start in order to explain the gradual establishment of our system of jurisprudence.