判例法作为英美法系国家最主要的法律形式,在属于大陆法系的中国是否具有得以滋生发展的土壤,是否具有可行性,是中国法学界一直关注和探讨的问题。本文结合我国法治的历史背景与现实国情来分析,得出我国目前并不具备推行判例法的条件。 Case law as the most important legal form in Anglo-American legal system countries is whether it is feasible for China, which is a civil law system, to have a fertile ground for development. This is a problem that Chinese jurisprudence circles have always been paying attention to and discussing. Based on the historical background and the actual conditions of the rule of law in our country, this article concludes that our country does not have the conditions to promote case law at present.