论我国判例法制度构建之障碍及其克服途径

在我国构建判例法制度有较多的法律障碍,包括与成文法在适用技术上的差异、法官素质的不足、判例的缺乏等,但我国可以通过建立以成文法为主、判例法为辅的模式、逐步提高法官群体素质、建立判例报告制度等措施予以克服,最终建立中国特色的判例法制度以回应现实需求.

On the Difficulties of Constructing Precedent Law System in China and its Possible Solutions

There are many difficulties when constructing precedent system in China,including the different ways of applications of the written law,the lack of suitable judges and the precedent.But we can overcome these difficulties and build the precedent law system with Chinese characteristics by taking the following measures: establishing a model with the written law as the central law and the precedent law as the subsidiary law while raising the inner quality of the judges and forming a system of precedent reports.