从司法解释到典型案例:传统成文法理论的终结

回顾大陆法系和我国法制的发展，便发现那种要求“法官审理案件只能以法律的明文规定为依据，司法解释和制例不具有立法功能”的成文法理论，不过是对大陆法系19世纪的历史描述而已；我国的立法及司法实践也早已告别这种传统成文法理论。现在该是理论上宣告其终结的时候了。

The Culmination of the Traditional Written Law Theory:from Judicial Explanations to Typical Cases

When we look back upon the development of the continental legal system and China's legal system, it can be found that the written law theory is nothing but a historical depiction of the continental legal system of the 19th century, which requires that a judge, when trying a case, should only go by the stipulations in explicit terms of the law and should believe that judicia1 explanations and guiding judicial decisions are of no legislative functions. China's present-day legislative and judicial practice has long parted from this traditional written law theory. Now it is high time to proclaim the ending of this theory.