The Judicial Precedent System With Chinese Characteristics Of Law System

China is a country which has enacted law traditional, has been to the statute for the only sources oflaw. But, along with society’s development and progress, enacted law showed what lag is unavoidable,especially with the deepening of reform and opening up, the limitations of enacted law more prominent,and prevailed in the Anglo-American law case law caused the attention of more and more in our legalscience. Argument, and how to establish the system of our country case it gives some proposals. Case lawcontains the rich fact, rules, principles, theories and theory, the advantage of universality and particularity,stability and adaptability, flexibility, the uncertainties and abstraction and concreteness, similarity anddifference of the harmonious and unified. Case law helps to through a gradual method law and society needunity and dynamic equilibrium, and create a new legal structure. Based on the reality of our country legalenvironment, from our own legal system present situation, profits from the mainland legal system for thesuccessful experience of the case and have set up the judicial precedent system with Chinese characteristics,can yet be regarded as to perfect our socialist legal system, promote the reform of the judicial an effectivescheme. As long as the correct processing several problems that can have set up the case law system withChinese characteristics, thus improving the legal system of our country. Common law and civil law is theworld’s most influential two big law system, the different social culture inherited, follow different thinkingline, but a similar law value pursuit, gave birth to the spirit of law similar. With the global political andeconomic exchanges the expansion of scope and degree of deepening, two big law system developedbetween convergence, use for reference each other, mutual fusion: continental law system country in adhereto the statute’s main body status at the same time, taking a position allows case; And common law countriesare bold enacted law of beneficial experience, form case law and the legal system for fusion method. For isin the social transformation, the legal system construction in our country is in the concerned, developmentcase law has the meaning of is particularly important. Another legal system in view of the situation, thisarticle from the theoretical level and empirical perspective for our country the objective appeal case system,the article analyzes the formation of civil law case conditions--case system oneself reasonable value, themodern theory of the two law case system comparison, as well as our country have case system history soil. Points out that in the history of shall be summed up the cases of beneficial experience, and at the same timeabsorption common law countries the cases of fruitful results, at the establishment of China’s case system,so as to better service practice. In order to develop method as the main legal origin, under the premise ofcreated by the supreme people’s court case, the supreme people’s court and other courts according to "withcodefendant to" the principle, the constraints of the case by case in judgment and, to quote, China’s form toenacted law as the main legal origin, to supplement case law enacted law, interpretation of the law systemwith Chinese characteristics.