On Civil Case-Assisted Law System In China

The main contents of this paper consists of five parts. The first part is to reveal the origin of the problem by analyzing the status quo of " identical lawsuits with distinct judgment". In this article, we set the basic reason for this phenomenon as the flaws of existing law framework.Thus, I propose the establishment of Civil Case Law System.The second part is related to the definition of the concept of civil precedent, to clarify three similar concepts,that is precedent, case law and case-assisted law system. The differences between the existing case guidance system and civil jurisprudence system would be discussed herein.The third part is the analysis of the legitimacy of Civil Case Law System.Firstly, I will analyze case-assisted law system according to theoretical perspectives,mostly to clarify its legal basis from the judge’s legal rights to interpret on individual cases. Secondly, in comparative perspectives, I will analyze case guidance system and judicial interpretation mechanism, in order to compare their role to make up for the lack of statutory law and to promote equal treatment in judiciary.The fourth part is to introduce extraterritorial precedent system. Firstly,I will discuss the common law tradition and its features that match up to China judiciary. What followed by then is the consideration of jurisprudence rules in civil law system represented by Germany.The fifth part is to explore the method to realize our China case-assisted law system which is based on Chinese existing legal system and legal traditions.lt includes not only a kind of "limited" application of civil jurisprudence in our country, but also the establishment of a set of measures to accompany China case-assisted law system.We hope to ensure that the hypothetical China case-assisted law system really fit our society, truly promote to make up for lack of statutory law,and make the judges’discretion power used fairly in the whole China.