法律与所有有机体一样，都应随着社会环境的更易而变化，并在变化中求得生存与完善，否则不免会陷于僵化，滞后于社会发展的需要。判例作为法院适用法律进行利益衡量和价值判断的结果．既是立法的必然产物，也是法官对社会需求的答卷。它贯穿于立法、执法、司法的法律运作全过 Law, like all organisms, should change as the social environment changes more easily and seek survival and improvement in change. Otherwise, it will inevitably become rigid and lag behind the needs of social development. Case law as a result of appraisal of interests and judgments of values ​​by the law applicable to courts. It is not only the product of legislation, but also the judge’s answer to the needs of society. It runs through the legal, law enforcement, judicial operation of the entire law