“判决理由(Ratio Decidendi)”作为判例中有拘束力的成分是英美判例法制度独有的概念,但作为法官从个案中提取一般法律规则的技术及作为其结果的从个案中提取出的一般法律规则,判决理由却不仅仅限于判例法制度。在实行成文法制度的中国,最高法院以司法解释方式所作的批复和以公报形式发布的典型案例也存在着判决理由现象,而中国的判决理由现象既有与判例法制度中的判决理由共同的东西,又具有其特殊性。这说明判决理由不专属于判例法,相反,它是不同法律运行制度下,应司法实践的要求而出现的共通的法律推理技术和方法。同时,我国以最高法院的司法解释形式和典型案例的审定和公报形式出现的判决理由 “Judgment reasons (Ratio Decidendi) ” as a binding component of the case is a concept unique to the Anglo-American case law system, but extracted from the case as a technique by which judges extract general rule of law from a case and as a result The general rule of law, the reasons for the decision is not limited to case law. In China, where the statutory system is implemented, there are also some reasons for the verdict in the Supreme Court’s approval by judicial interpretation and the typical cases published in the communiqué. However, the phenomenon of the reasons for the judgment in China is both common to the reasons for the judgments in the case law , But also has its particularity. This shows that the reasons for the judgment are not exclusive to case law. On the contrary, it is a common legal reasoning technique and method that appears under the requirements of judicial practice under different legal systems of operation. In the meantime, the reasons for the judgments arising in our country in the form of examination and publication of judicial interpretations and typical cases of the Supreme Court