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我国目前实行的是单一的成文法体制,法律以成文法的形式体现出来。成文法体制有其优点,其法律规范系统、集中,便于学习、掌握和运用,但其弊端也不容忽视,无论立法如何成熟和发达,成文法都无法将所需要调整的问题完全囊括其中,而相对于不断发展的社会,其滞后性的问题更是难以克服。笔者认为,我国适当引进判例法制度是十分必要的,根据我国国情,建立中国特色的案例指导制度是一个可行的选择。
At present, our country is practicing a single statutory system, and the law is embodied in the form of statutory law. The system of statutory law has its advantages. The law regulates the system in a centralized manner, which is easy to learn, master and use. However, its drawbacks can not be ignored. No matter how mature and developed the legislation, the written law can not fully cover the problems that need to be adjusted. In a developing society, its lagging problems are even more insurmountable. The author believes that it is very necessary for China to introduce case law system properly. According to China’s national conditions, establishing a case guidance system with Chinese characteristics is a viable option.