一、判例制度在我国存在的必要性 (一)成文法的缺陷是引入判例制度的根本原因 一方面,成文法典必然存在着空白和漏洞。这是因为:首先,成文法典必须具有一定的稳定性,而社会不断向前发展使得法律每天调整的社会关系处于一种变动不居的状态。改革开放以后,特别是中国加入WTO以后,社会关系变得更加复杂和频繁,大量新情况、新问题不断涌现,使得成文法的稳定性与社会关系 First, the necessity of precedent system in our country (A) the defects of the written law is the root cause of the introduction of precedent system On the one hand, there must be gaps and loopholes in the written code. This is because, first of all, there must be some stability in the written code, and the continuous development of society puts the social relations that the law adjusts daily in a state of flux. After the reform and opening up, especially after China’s accession to the WTO, social relations have become more complicated and frequent. Many new situations and new problems have emerged continuously, making the stability of written law and social relations