英美德日皆为公认的法治国家,而英美法系和大陆法系分别以差别极大的判例法和成文法作为各自的法律渊源。本文从法治国家的概念以及判例法的产生和发展入手,阐明了法治国家建设和采用判例法不具有必然联系。中国无须采用判例法。 Britain, the United States, Germany and Japan are all recognized as rule of law countries, while Anglo-American legal system and civil law respectively, with very different case law and written law as their respective sources of law. Beginning with the concept of law-governed country and the emergence and development of case law, this article clarifies that there is no necessary connection between the construction of law-based state and the use of case law. China need not use case law.