简论我国判例法制度的构建

On the construction of Case Law System

判例在我国历史上曾经长期作为法律的重要渊源,并且我国在立法和司法实践中已在一定范围、一定程度上借鉴和实施了判例法制度,因而在我国构建以成文法为主、判例法为辅的有限判例法制度具有现实可行性。我国有限判例法制度的构建应该包括判例的效力、判例的创制主体、创制程序、判例的变更和废止、司法裁判文书的改革等内容。

Case law is an important origin of law in the history of Chinese judicial history, and it has been borrowed to some degree in legislation and judicatory. As a result, it is feasible to set up a limited case law system, which takes the written law as a principle and case law as the assistance. The construction of the limited case law system should include contents like, the effect of case law, the subject, the process, the alteration and abolishment, the reform of judicatory, judgment, etc.