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随着我国法治进程的推进和社会的飞速发展,对法律的需求也急速增加,我国法律体系的漏洞逐渐显现。我国地区经济发展的不平衡和多民族的特点也造成法律适用上的一系列难题。判例制度在弥补法律漏洞,统一法律适用上有其独特的优势。本文通过对我国的判例传统和当代的司法现状论述我国建立判例制度的可行性。
With the progress of the rule of law in our country and the rapid development of society, the demand for law has also rapidly increased. The loopholes in our legal system have gradually become apparent. The unbalanced economic development in our region and the multi-ethnic characteristics have also caused a series of problems in the application of law. The precedent system has its own unique advantages in making up the legal loopholes and applying the uniform law. This article discusses the feasibility of establishing the system of case law in our country through the tradition of case law and the present situation of judicature.