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目前,中国存在一定形式的应然判例而没有达到将来应该出现的实然判例法,随着市场经济的完善与发展,实然判例法正在形成。应然判例法既源于实然判例又高于应然判例,并考虑到我国国情,与制定法一起共同构成中国的法律渊源。
At present, there is a certain formal precedent in China that does not meet the case law that should emerge in the future. With the improvement and development of the market economy, it is true that case law is taking shape. The case law should be derived from the fact that the precedent is higher than it should be, and taking into account the national conditions of our country, together with the statute law constitute the legal origin of China.