Journal of Shanghai University (Social Science Edition)

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A Probe into the Feasibility of the Case System Employed in Our International Private Law

HE Zhi-peng,HONG Di-yun,SUN Ping-ping   

  1. School of Law, Jilin University
  • Received:2008-05-07 Revised:1900-01-01 Online:2008-11-15 Published:2008-11-15

Abstract: Abstract: With the overall outspread of the reform and open to the outside world as well as the continuous development of the Chinese economy, not only the contact of the foreign civilandcommercial affairs becomes more frequent, but also the dominion of the international private law faces a lot of opportunities and challenges. Especially for foreign civilandcommercial affairs, there are such numerous and complicated cases that our current legislation of the international private law is difficult to meet the requirement of intricate instances. This essay, trying to base on the tradition and status quo of our case law, and by a systematic comparing analysis of the attitudes of continentallawsystem countries towards the precedents of the international private law, probes into the feasibility of introducing the case system so as to perfect and develop our international private law.

Key words: case system, British and American case law, abide by decided cases, case binding, Key words: international private law

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