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Discussion On Judicial Advaneing Of Chinese Precedent System

Posted on:2014-04-03Degree:MasterType:Thesis
Country:ChinaCandidate:J Y ShenFull Text:PDF
GTID:2296330464964377Subject:Law
Abstract/Summary:PDF Full Text Request
China is a civil law country, while she has adopted syncretism in the legal system. Legal traditions of ancient China contained a lot of case rules. In modern times, a variety of regimes adapted to the practice of case rules. And the common law system of precedent has facilities on the basis of cultural values. Common law precedent system can help solve our institutional difficulties of the statutes in the legal system of application and interpretation. This is a starting point to explore reasoning of Chinese current case rules, as well as the adaptability of precedent system on the concept level and the application value with our legal operating environment.The article is divided into three parts. The first part examined the case traditions in various historical periods and the precedent system in common law. The concepts of "precedent", "case", "precedent system" and the others have been defined. The second part illustrated the possibility and the necessity of precedent system used for reference by evaluating both positive and negative factors in precedent system. The third part focused on discussing grafting methods to make our judicial process from legal principles and the system construction.
Keywords/Search Tags:case, precedent system, application of the law, guiding case, case guidance system
PDF Full Text Request
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