China's Taiwan Region Case Study System,

Since 1980s, the construction of China's precedent system has been an academic issue of constant study. It is argued in this thesis that, in the process of constructing China's precedent system, models of civil law countries and districts should attract more attention. Given that the precedent system of Taiwan presents a special feature but has not been fully explored, this thesis studies its historical and current situations, introducing its achievements, analyzing the sustaining background, and proposing a precedent system in mainland accordingly.The thesis consists of six parts. Based on a review of literature of China's precedent system construction, "Introduction" expounds the value of studying Taiwan's precedent system. Its current study situations in both Taiwan and mainland China are scrutinized, recapitulated and commented, with insufficiencies pointed out.Chapter 1 summarizes the basic contents of Taiwan's current precedent system. It starts with a brief introduction of current judiciary system of Taiwan, followed by a comprehensive expatiation of the main contents of Taiwan's current precedent system, including its sources of law, the definition of "precedent", and the precedent's creation and overruling process. Finally, the precedents' status in Taiwan's judiciary system is expounded from a pragmatic viewpoint.Chapter 2 historically researches the formation and development of Taiwan's precedent system. It can be divided into three periods. The first is the period of Da-li Court of Republic of China, during which the case system was structurally immature. Yet its basic spirit and successful experience are inherited and have significantly influenced Taiwan's precedent system. The second period started with the Nanking Administration coming into power in 1927, and ended with the thorough amendment of Taiwan's "Court Organization Law" in 1987. During this period, authorized by law and regulated by interior papers of the court, precedent system was formally set up. The third period began in 1989, when Taiwan's "Court Organization Law" was thoroughly amended. Since then, based on references to former experience, Taiwan's precedent system has accountably developed.Chapter 3 introduces the practice of Taiwan's precedent system. The thesis takes real cases for example to analyze three main functions: law creation, value reinforcement, and narrow-sensed law interpretation. Relevant practices of precedent change are introduced. Also, with Taiwanese scholars' work served as a study base, relations between precedent system and judicial review are analyzed. And with the historical experience and practices of Taiwan's case system referred to, reasons of its efficient enforcement are explored.Chapter 4 studies how the construction of mainland China's precedent system can learn froom that of Taiwan. First, the necessity for China to construct a precedent system is analyzed. Then by referring to Taiwan's case system, the thesis tries to pertinently design a detailed model for mainland China.The Conclusion part summarizes main contents and basic ideas of the thesis, pointing out that precedent system should not be over expected, which has its own proper status and functions.