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On Practice and Perfection of Chinese Judge-Made Law

Author: ChengZhou
Tutor: WangZuo
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Judge-made law Judicial interpretation Jurisprudence
CLC: D926.2
Type: Master's thesis
Year: 2011
Downloads: 117
Quote: 0
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Abstract


In this paper, the judge-made law . Simply put, the judge-made law is the judge in the judicial process to resolve the case disputes created the activities of specific legal rules . The article first analyzes the development of judge-made law in the common law , civil law , and international law concept of judge-made law in the Chinese context , then , from a comparative law perspective , the last post and then returned to China to linking theory practical approach to the reality of the need to put forward some measures to improve and to provide some useful exploration for judge-made law in the development of the theory and practice . The three parts of the text , including the introduction, body and conclusion . The text is divided into five chapters . The first chapter the basic definition of the concept of judge-made law , and that law is both created , is also to be found , and further pointed out that the judge-made law in China and generalized in this paper is the adoption of judge-made law concept . The second chapter describes the common law , civil law , and the field of international law , judge-made law development . Judge-made law in common law countries to follow the doctrine of precedent , under the guidance of the most important sources of law , civil law countries the judge-made law has gradually become an important source of law in the statute law outside international law, the judge-made law is increasingly becoming the settlement of international disputes important basis for other fields . The third chapter analysis of the necessity and feasibility of the judge-made law . Since the existence of loopholes in the law , the judge may not refuse to referee Transition social contradictions , there is a great necessity and constitutional justice needs , judge-made law . The same time , from the point of view of the legal tradition , political system , and the quality of judges , have the full feasibility of the implementation of the judge-made law . Chapter specific exposition of the existing practice of judge-made law , the judicial interpretation and jurisprudence . \Judicial interpretation has become essential in the legal system in China is an important source of law \Of course , whether judicial interpretation , or \Chapter V from the scope of the main body , \

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