论文部分内容阅读
社会转型成为当今中国的重要特征,随着经济体制转变带来社会关系的急剧变化,我国的成文法逐渐凸显出它滞后性、缺乏灵活性等弊端。因此,我国在坚持和完善成文法的同时,应该尝试引入判例法制度,发挥两种法律形式的互补作用,扬长避短。建立以成文法为主,以判例法为辅的有中国特色的法律体系,这不仅是我国社会转型期的迫切需要,也是我国法治现代化的必然趋势。
Social transformation has become an important feature of today’s China. With the drastic changes in social relations brought about by the transformation of the economic system, the statutory law of our country has gradually highlighted its lag and lack of flexibility. Therefore, while insisting on and perfecting the statute law, our country should try to introduce the case law system, play the complementary role of the two legal forms, and avoid weaknesses. The establishment of a legal system with Chinese characteristics, which is mainly composed of written law and supplemented by case law, is not only an urgent need in the period of social transition in our country, but also an inevitable trend of the modernization of the rule of law in our country.