System Design of Mixed Law:A Compromise between "Law" and "Judge"
MA Xiao-hong
Abstract
MA Xiao-hong
Abstract
Analyzing ancient Chinese in a modern mode,we can see it features both statute in civil system and case in common system.In the legal system of ancient China,there was no doubt about law's authority and stability,but concise and clear legal texts allow judges sufficient law-making spaces.Paying equal attention to statutes and cases,the ancient Chinese won diversified development and the played a decisive role.A compromise between law and judge styles ancient China's mixed system.
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Analyzing ancient Chinese in a modern mode,we can see it features both statute in civil system and case in common system.In the legal system of ancient China,there was no doubt about law's authority and stability,but concise and clear legal texts allow judges sufficient law-making spaces.Paying equal attention to statutes and cases,the ancient Chinese won diversified development and the played a decisive role.A compromise between law and judge styles ancient China's mixed system.
Key concepts: Compromise, Law, Statute, China, Civil law (Civil law), Chinese law, Political science, Common law