Marital and Family Dispute Case - Judges Explain the Case 3

Author: Chen Guoqiang, Wang Lianxi (editors)
Publisher:
Publish Date: 2006-06-01
Features: In the history of China, case law, as an important legal form, has played a significant role. During specific historical periods, its status and function even surpassed that of legal codes. Zhu Xi once said, "Generally speaking, legislation must have flaws, and there is no law without flaws." In judicial practice, case law emerged to address the shortcomings of legal codes. From the Yu Shi (officials) in the Shang and Zhou dynasties, the Cheng Shi (completed affairs) in the Spring and Autumn period (as recorded in the Analects of Confucius, "The Master said: 'Completed affairs should not be discussed, ongoing affairs should not be admonished, and past affairs should not be blamed'"), the Bi (comparisons) and Lei (categories) in the Warring States period, the Ting Shi (judicial precedents) in the Qin dynasty, the Jue Shi Bi (precedents for resolving cases) in the Han dynasty, the Fa Yi (legal precedents) in the Tang dynasty, to the Duan Yi (judgments) in the Song and Yuan dynasties, and the Liao Yi (regulations) in the Ming and Qing dynasties, ancient case law practice, like the compilation of ancient legal codes, endured continuously, demonstrating remarkable vitality. Especially during the Qing dynasty, the system of establishing precedents based on cases was formally established. Case law underwent several stages—cheng an (established cases), ding li (fixed precedents), and ru lu (incorporation into legal codes)—before ultimately being integrated into legal codes as provisions, becoming annotations to the main text of the codes. With social development, legal codes continuously drew nourishment from judicial practice, allowing for their correction and improvement. The legal system of parallel operation between legal codes and case law, where case law supplemented legal codes and evolved into legal codes themselves, eventually matured. This legal framework is uniquely distinctive in the world, exhibiting considerable scientific and rationality.