pisco_log
banner

Exploration and Construction of the Precedent System with Chinese Characteristics -- Research on the theoretical basis and practical path

Sining Wu

Abstract


The unique role of the case law system in Chinas rule of law environment and the space for improvement is studied in this paper. Case law, as the core of the common law system, has shown its strong vitality and adaptability; while China, as a civil law country, has
traditionally been dominated by statute law, with the development of judicial practice, the construction of a case law system with Chinese
characteristics has become an important issue to enhance judicial efficiency, unify the standard of adjudication. This study aims to balance the
Chinese characteristics and international practices, and closely combine theory and practice to provide scientific guidance for the innovation
and development of Chinas jurisprudence system.

Keywords


Chinese characteristics; Jurisprudence; Theoretical foundation; Practice paths

Full Text:

PDF

Included Database


References


[1] Zweigert, Kertz: General Theory of Comparative Law, Translated by Pan Hantian et al., China Law Press, 2017 Edition

[2] Shao Pengbing, Guo Jianping: Response to the Localisation of Laws in the Context of Legal Globalisation--An Introduction to the Localisation of China's Jurisprudence System, in The Social Scientist 2022, No. 3

[3] Gu Peidong, Li Zhenxian: Reflections on Several Issues of the Current Application of China's Jurisprudence, in Journal of Sichuan

University (Philosophy and Social Science Edition), No. 2, 2020.

[4] Wang Jing, The Balance between Judicial Technology and Reasoning under the Same Case, Same Sentence, in Law Forum, No. 1,

2022.

[5] Li Zhenxian: The Mechanism of Jurisprudence Embedded in the Judicial Field under China's Statutory Law System, in Jurisprudence

2022, Issue 1.




DOI: http://dx.doi.org/10.70711/frim.v2i9.5229

Refbacks

  • There are currently no refbacks.