[ 王幽深 ]——(2004-12-2) / 已閱27922次
通訊地址：寧夏銀川市金風區寧夏廣播電視大學
郵政編碼：750001
E-mail：chenyzh@nxtvu.edu.cn 00951—6725147 13909582195
Adopting precedents, a considerate choice for Chinese legislation reformation
--- Averment of judicial precedent system
(Wang youshen Northwest No.2 minority collage 750021)
(Chen yongzhong Ningxia TV University 750002)
Abstract:
The academe has always believed the division between the civil law systems, also known as the continental system and common law system is whether the system based on comprehension or experience. The Chinese law system to a great extends falls in the continental system due to the traditional Chinese legislation. This is why we are confined in the knowledge of codification for a long time. Statute law system, as a matter of fact, does not fit in the Chinese situation and causes a great deal of waste of legislative recourses. The authors therefore argue that adopting judicial precedents reasonably to the present Chinese law system is a considerate choice in consummating Chinese law system and enhancing the judicial quality.
Key words: legislation; judicial precedent; comprehension; experience;
（該文已經發表于《寧夏社會科學》2004年第三期）
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