我国近代以前是否存在过判例法传统

Whether Case-law Tradition Existed before Modern Times in China

近年来,有关司法改革的讨论非常热烈,学者和法律实务部门人士呼吁借此机会建立我国的判例法制度。虽然,当前学理上有关判例法的研究日渐深入,但是有关学术方面的探讨却存在很多问题。从历史和文化的意义上来说,我国近代以前不存在判例法传统。

In recent years, there has been a hot discussion on judiciary reform, so the scholars and figures in the legal practice departments appealed we should take this occasion to establish case-law system in our country. Presently, the research about case-law has gone deeper day after day. But there exists many problems in related academic discussion, for example we have not reached a fundamental common view to the concept of case-law. From historical and cultural angel case-law tradition had not existed before modem times in China.