A Study On The Combination Of Chinese Characteristic Case System And Chinese Legal Culture

The Chinese characteristics case system highly corresponds to Chinese legal culture.The correspondence can be interpreted in three aspects.Firstly,from the ontological point of view,'case as auxiliary law' that always assists the judicial application of written laws is an important part of the legal culture.Secondly,from the methodological point of view,the analogical reasoning technology that significantly distinguishes the application of cases from that of written laws is also a part of the legal culture.Thirdly,from the axiological point of view,'man first',namely humanism,is the spirit of the legal culture with the case system cooperating in the realization of judicial justice and the defense of people's dignity and interest.Ontological correspondence:the legal tradition with 'case as auxiliary law'.There are two reasons for the occur of 'case as auxiliary law':the obstacle of judicial practice originated from the disagreement and imperfection of written laws,and the practical conditions of the origin and development of cases featured by the change in legal awareness and the specific judicial mechanism.The basic meaning of 'case as auxiliary law' is that written laws are prior in the legal system and the only source of laws;however,cases are auxiliary but not the source of laws in judicial application.In practice,China's current originating case system is compatible with the written law system,and the case system is improving the judicial application of written laws.Methodological correspondence:the judicial application of analogical reasoning.The idea of analogical reasoning was not firstly originated in the judicial field.The origin of the idea of analogical reasoning is the idea 'tui-lei'of the ancients.The ancient thinker Xun-zi reunited the idea and applied it to the judicial field,the applying of which played an important role in the origin and development of traditional cases.There are three ways of applying analogical reasoning to cases:simple reference,logical reasoning and comprehensive investigation.The traditional analogical reasoning technology with cases contributed to China's current case system as follows.Firstly,the premise of case application is the exhaustive enumeration of written laws.Cases are not applicable when written laws exist.Secondly,when applying a case,the legal thinking approach should be changed to analogical reasoning.Axiological correspondence:the judicial spirit of'man first'.'Man first' refers to man being the first in the universe,and therefore the most valuable.Furthermore,a country should realize the needs of and defense the dignity of its people.The performance of 'man first" in the judicial field is that laws should defense the interest and reflect the aspirations of people.In the traditional Chinese legal system,'man first'can be interpreted as humanism;in modern China,the most important requirement of'man first' within a country of laws is judicial justice.