Title: On the Construction of the Legal Precedent System in Present P.R.China
Abstract: The legal precedent system plays a positive role in making up the insufficiency of statutes,manifesting the spirit of legal supremacy and maintaining the judicial fairness.The Chinese legal circle held a heated debate on whether the case law needed to be introduced into China decades ago,while recently most scholars have agreed on the practice of legal precedent in present China.Given that the legal precedent is in urgent demand in China's judicial practice at present,while the corresponding support in system is not available,it is somehow theoretically and empirically significant to construct a set of complete legal precedent system,which is suitable to China's national condition.The author analyses the difference between the legal precedent and the case law,affirms that it is the legal precedent system rather than the case law system that should be constructed in China,and studies the means to construct the legal precedent system with Chinese characteristics,considering the judicial effects and status, the formulation subjects and the confirmation subjects,the confirmation procedure and the patterns of the legal precedent.
Publication Year: 2009
Publication Date: 2009-01-01
Language: en
Type: article
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