Chinese type case-law 中国式判例法
Chinese law has a relatively simple and imperfect description for that, especially, for the application of foreign case law, which has encountered much trouble in the practical operation.
我国法律对此规定较为简单和不完善,特别是对外国判例法的适用,在实践操作中遇到的困难的较多。
This article, by analyzing it's concept, historical development, theoretical fundament, function and defects, establish a new Case Law regime which fit for present Chinese conditions primarily.
本文通过对判例法的概念、历史沿革、理论基础及其功能和缺陷的论述,初步建构出适宜目前我国采用的判例法制度模式。
According to Chinese criminal Law and Code of criminal Procedure, extorting confession by torture is forbidden in the investigation of criminal case, but in practice it is commonly used.
虽然我国刑法和刑事诉讼法一直是禁止刑讯逼供的,但事实却是屡禁不止。
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